Professor Xue Jun’s Lecture Held Successfully

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By Yiqian Zhang. Translated by Claire Tian. 17 September, 2014.

On September 17, 2014, 2014 Financial Law Conference was held successfully in SHUFE. Dean of Peking University Law School, Professor Xue Jun was invited to deliver a lecture based on his new research subject. The topic of the lecture is “Chinese‘praetor-law’—an interpretation of the legal status of civil judicial explanation of Supreme People's Court”. Professor Zhu Xiaozhe from SHUFE Law School hosted the lecture.

The lecture was oriented around the question Professor Xue Jun raised --how to define the legal status of civil judicial explanation of Supreme People's Court in China and how the definition of the legal status of civil judicial explanation pushed spatial expansion of interpretative theory. Professor Xue Jun advocated that we should think about the present legal environment in the dynamic away. Legal interpreters and researchers should be given more freedom to do legal interpretation. In this way can they create more possibility of judicial explanation. Judicial explanation was not complete substitute for statutory law. In fact, the relationship of them should be competitive, concomitant and dialectical. This kind of relationship made judicial explanation become statutory law’s further improvement and supplement. Judicial explanation had to follow the substantial ratiocination instead of formal method. Professor Xue used both Roman and British legal history to support his theory. He also cited few examples, guiding audiences to think the question from a totally new perspective. This made audiences out of the blind alley of old thinking method. Professor Xue advocated we should choose the rule flexibly when there is a conflict between judicial explanation and substantial ratiocination. The choice should conform to the public's best interest, the international tide and the value of law at the same time. That also meant which rule to apply was the result of weighing the pros and cons of situations, circumstances and actions in an impartial way.

After the lecture, many students brought forward their own opinions and questions. Professor Xue Jun answered several questions from the audience. He was also asked how the numerous Judges acquire the clearest and more operable rules effectively in practice. He said the Supreme People's Court should be more careful when its activities affected the legal functioning and operation. The description of laws and regulations has its ambiguity, backward of adjusting efficiency and law makers' confine. Because of its defect, the Supreme People's Court should think about using representative case to replace the abstract judicial explanation. The lecture lasted for 2 hours and ended in the big applause of all attendees. All the students and teachers regarded the lecture as a fruitful journey.

(Original News: http:// http://law.shufe.edu.cn/structure/xyxwxx_161318_1.htm)

Published：2014-09-17 Hit：453