News

By Yue Hongju & Shi Huining

Translated by Huang Yingkai

On the afternoon of December 24, 2016, Shanghai Law Society Economic Law Research Association 2016 Annual Meeting, sponsored by Shanghai Law Society Economic Law Research Association, SUFE Law School, and SUFE Research Center of Economic Law and Social Law, was held at lecture hall on the first floor of Executive Building at SUFE.

  The theme of this conference is "the compilation of civil code and the development of economic law", and discussing the influence of the compilation of civil code on economic law and the influence of compilation of the economic law on the compilation of civil code.

  The opening ceremony was presided over by Prof. Shan Feiyue, Vice President of Shanghai Law Society Economic Law Research Association, and Principal Assistance of Shanghai University of Finance and Economics. Prof. Zheng Shaohua, Assistant President of Shanghai University of Finance and Economics, chairman of Shanghai Law Society Economic Law Research Association, Mr. Shi Jixiong, the full-time vice president of the Shanghai Law Society, Mr. Gu Gongyun, President of Shanghai Law Society Economic Law Research Association and Professor of East China University of Politics and Law delivered speeches. Prof. Zheng Shaohua has proposed the basic way of thinking about the relationship between civil law and economic law from the following four aspects: civil law, economic law, general and special law, contingent law and positive law, civil law and economic law. Vice President Shi Jixiong expressed his gratitude to the SUFE Law School for hosting the annual meeting. He then reviewed the development of the codification of civil law and pointed out that the codification of the Civil Code was of a modern, scholarly and theoretical nature, emphasizing The Shanghai Law Society’s social functions of integrating the theoretical system of civil law and explore and cultivate the talents. Then he expressed the acknowledgement of the Shanghai Law Society on the past work of the Shanghai Economic Law Research Association and the expectation of future work and wished the conference a complete success. President Gu Guoyun reviewed and summarized the work of Shanghai Law Society Economic Law Research Society in 2016, and briefly described the work plan of Shanghai Law Society Economic Research Association in 2017. The President of the Council praised the topic of this meeting, and for this issue, from the life practice of the purchase restrictions, traffic controls, limited loans and other events, raised the issue of the state intervention within the parameter of private citizen’s life as well as the determination of public interest, proposing stating explicitly in the Civil Code that: barring public interest considerations, the Government shall not interfere in the act of civil and commercial subjects.

  After the opening ceremony, the conference was divided into two periods: "innovation of economic law theory in the context of civil code compilation" and "innovation of economic law system in the context of civil code compilation".

  The first unit, "innovation of economic law theory in the context of civil code compilation " seminar was presided over by the SUFE School of law vice president (presided over the work) Professor Song Xiaoyan, and four speakers shared their views on the topic of this conference . First, Professor Hu Honggao, vice president of the Shanghai Law Society Economic Law Research Association and Professor of Fudan University School of Law, combed through the civil law codification process in four aspects which are cause, history, theory and specific system. He pointed out that the development of the economic law and the development of the civil law, especially the commercial law, can be traced to the same origin. The civil law is the typical private law, the economic law belongs to the social law proximate to the public law, and the commercial law is the private law with the tendency of the public law. He believes that the civil law should focus on personal relations and property relations that are closely linked to the personal relationship, he advocated that the idea of ​​economic law should be incorporated into the civil code, and that economic law research start from the micro-system. The second speaker is Professor Ren Chao of East China University of Political Science and Law. He focuses on the enlightenment of the codified thinking of civil law on economic law system. By comparing the compilation background of China's civil code and the compilation background of French and German civil codes, he pointed out that we should highlight the attribute of the codification of our civil law. He believes that the civil code is not compiled in the mature period of civil law theory, but backed by the state’s political need for the market development , and then the codification of economic law do not have to wait until the economic law theory is mature, i.e. to sort through the government authorization behavior under the market failure and to classify and aggregate the restriction action under the government failure to make the common law of the economic law and systematize gradually. The third speaker is the Shanghai Municipal People's Congress Standing Committee, Deputy Director Cui Kai, combining his work experience, Cui mainly explored that under the basic conditions of civil legislation whether the local enjoyed the legislative space and their legislative power issues. China has a unified multi-level legislative structure. Local authorities can carry out local legislation on the concept of civil rights, the basic framework of state responsibility and the legal loopholes at the national level, and elaborated the commercial subject status of FTA and SEZ. The fourth speaker is the Shanghai University of Finance and Law School Li Yu teacher, with his clear-cut, clear position, advocating the simplification of the Civil Code, he believes that civil code should not be given too many public policy functions, imbuing too many policy functions will only limit the freedom of civil and commercial subjects. He made an in-depth analysis on the limitations of private law in securities law, the limitation of circulation in property law and the criteria of profitability, and proposed that the compilation of civil code should weed out the inappropriate mandatory provisions.

  The second unit, " innovation of economic law system in the context of civil code compilation" seminar by the Shanghai Law Society of Economic Law Research Association vice president, Shanghai University of Finance and Law School Professor Shan Feiyue, the spokesman for the Shanghai Law Society Economic Law Vice President of Shanghai People's Higher Court Mao Ronghua, Professor of Law School of Shanghai University of Finance and Economics Liu Shuilin, Vice President of Shanghai Law Society Economic Law Research Association, Professor of Tongji University Law School Zhu Guohua, School of Law, Shanghai University of International Business and Economics Professor Yin Jie, vice president of Shanghai Putuo District People's Court Wang Fei. Mao Ronghua, vice president of the speech on the market economy called for the integration of civil law and economic law development, the rule of law needs to reasonably determine the boundaries of civil law and economic law, civil law development and judicial reform of the interaction between the benign three aspects, the principle of prohibition of abuse of rights, corporate social responsibility, maintenance of transaction security, expropriation, punitive damages and other provisions demonstrate the introduction of economic law in civil law; Civil Code should solve the problem of government control and freedom of contract, mandatory norms, special protection of vulnerable groups marginal problem; at the same time, the civil code should take care of the problem of the scope of the collective property ownership, the supporting measures of the bankruptcy system, the relationship between the statutory law and the cases. In his speech, Prof. Liu Shui-lin proposed that civil law and economic law are complementary to each other, based on the difference between the civil law paradigm and the economic law paradigm. He also explained the interests protected, protection tools and realization methods of civil law and economic law. The protection of civil law has a relief effect, the protection of economic law has a preventive effect; the protection of civil law is mainly through judiciary branch and the protection method of economic law is mainly through law enforcement. The protection paradigm transformed from private law paradigm to the integration of private law and economic law paradigm, and then to the increased weight of economic law paradigm shift. Professor Zhu Guohua's speech is entitled "On Enterprise Credit Right". He believed that corporate credit rights include the characteristics of objective and subjective elements, personality and property, enterprise value and social value, with attributes such as exclusiveness, instability and no property type. It should be placed in the context of public-private analysis, claimed that the essence of fairness and economic law come down in one continuous line. Professor Yin Jie 's speech titled "Whether the punitive damages in the economic law should be included in civil liabilities - and on the openness and inclusiveness of the Civil Code. He proposed that the liability stipulated in the draft of the General Principles of Civil Law cannot cover the actual losses. The punitive damages in economic law are also a kind of civil liability. Therefore, besides recognizing the civil liability including tort liability and breach of contract, civil code should also introduce punitive damages in economic law, and proposed to add punitive damages clauses in the general rules or to make use of the method of appointed legislation and to comply with other special laws. The vice president Wang Fei’s speech mainly from the perspective of grass-roots court judges, combined with specific cases, called for the compilation of the Civil Code should listen more to the aspirations of grassroots judges, he pointed out that in the 30 years of application of the General Principles of Civil Law, the most frequently used are ones such as the principle of fairness and good faith. The compilation of civil code should not omit the actual practice. For example, in a court trial, the enterprise of joint-stock cooperative system cannot find the answer in the provisions of the company law, nor can the normative document be used as the content of the text of judgments; In addition, because the theories and regulations often failed to deal with conditions such as transfer of state-owned assets, precious metals futures trading, owner of the main body of the new case, the enthusiasm for grass-roots judges to participate in civil code compilation is not high.

  In the subsequent free exchange session, the questioner and the speaker discussed the court's focus on civil mediation rather than judgment or adjudication, as well as the legal effect of the guiding case.

  The closing ceremony of the annual meeting was presided over by the secretary general of the Shanghai Law Society Economic Law Research Association & associate professor, Hu Jiarong. Also, China Law Society Economic Law Research Association vice president, SUFE Law School Professor Wang Quanxing summarized the meeting. He pointed out that the theme of this annual meeting and its discussion based on the interaction between civil code and economic law, economic law research shift from emphasis on the status of departmental law to focusing on the collaborative development of the departmental laws, research direction has undergone a fundamental change; The theory of law needs to be reflected in the compilation of the civil code, the fruits of the civil law should also be used for reference of economic law research; the study of economic law has shifted from the pure theory preference to the legislative and judicial field, embodying the pragmatism and inclusiveness of economic law research. In the future research of economic law, we should pay more attention to the application of the Glossators and hermeneutics method.

  With the vision of the future development of economic law, Shanghai Law Society Economic Law Research association will be 2016 annual meeting ended slowly. This annual conference has been discussed in depth in terms of the topics of conference selection and specific topics, in terms of theory and practice, in terms of legal norms and guidance cases, and so on, and has made a lot of achievements, added to the formulation of the Civil Code was the wisdom and contribution of Shanghai economic law scholars.

Original News:（http://law.shufe.edu.cn/show.aspx?info_lb=12&flag=12&info_id=3113）