Are there 'illegal rights' in Chinese law? On the meanings of feifa quanyi
‘Illegal rights’ is an oxymoron in English and other European languages. While people in China are still struggling with the concept of rights both legally and linguistically, a new term feifa quanyi (illegal rights and interests) has appeared in recent times and is used increasingly in court judgments and litigation in China. What could the term feifa quanyi mean? Are there illegal or unlawful rights under Chinese law? This article focuses on the new legal term of feifa quanyi and attempts to ascertain its meaning. It first considers the semantic meanings of the term, followed by an examination of a number of court cases from China and Macau where the term was used. Finally, some general observations about this novel usage are offered with a comparative reference to the law on illegality in Western law.
Chinese Journal of Comparative Law
Translation and Interpretation Studies
Legal Theory, Jurisprudence and Legal Interpretation