Decoding Chinese Law in U.S. Courts: The Logic of Extra-Legality
Abstract
U.S. courts and regulators often face challenges in interpreting Chinese law, as actual regulatory practices frequently diverge from formal legal provisions. This article argues that a strictly formalist approach that relies solely on legal text is inadequate. Instead, U.S. authorities should adopt an extra-legality framework, which considers how Chinese law functions to reinforce political authority while maintaining a legal façade. The article further illustrates the application of this approach through a case study of the Holding Foreign Companies Accountable Act (HFCAA), which pro- vides a more nuanced and realistic understanding of Chinese regulatory practices surrounding U.S. access to audit work papers.
Fields of Study & Subjects
Comparative and International Law Studies
Judicial and Constitutional Studies
Legal Language and Interpretation
Publication details
- Journal / source
- Pace international law review
- Volume
- 38
- Issue
- 1
- Pages
- 100–100
- Publication date
- 11 March 2026
- Language
- EN