Decoding Chinese Law in U.S. Courts: The Logic of Extra-Legality

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.

Authors

Publication Details

Journal
Pace international law review
Published
2026-03-11
DOI
https://doi.org/10.58948/2331-3536.1453
Primary Topic
German Security and Defense Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Decoding Chinese Law in U.S. Courts: The Logic of Extra-Legality

Tian Xie
Pace international law review
German Security and Defense Policies
article

Decoding Chinese Law in U.S. Courts: The Logic of Extra-Legality

Tian Xie
article en

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.

Pace international law reviewVol. 38(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 29%
German Security and Defense Policies
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