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The 2016 Annual Meeting of SLC Commercial Law Research Society was Held Successfully

Translated by Constance Li,

 

Hosted by Commercial Law Research Society of Shanghai Law Society (SLC) and organized by Shanghai University of Finance and Economics (SUFE) Law School, the 2016 Annual Meeting of SLC Commercial Law Research Society was held in the conference room of the 5th floor of SUFE Administrative Building in the afternoon of December 3rd, 2016.

 

 

The theme of this conference was the formulation of General Principles of Civil Law (GPCL) and the development of the commercial subject system. Obviously, in the process of compiling the Chinese Civil Code, the conference was an in-depth exploration and demonstration on the theoretical and practical aspects. And it aimed to find out a future-faced, condition-consistent and practical commercial subject system model, and to further promote the deep integration of the formulation of GPCL with the development of the commercial subject system.

 

To be specific, the conference is composed of three parts, including the opening ceremony, the four speech modules and the conference summary. And the commercial subject, the reform of the commercial registration system, the commercial legal system and the commercial legislation, involving the formulation of GPCL, were heatedly discussed and studied in the conference.

 

 

The conference stared by the opening ceremony, hosted by Prof. Yang Zhongxiao who is the Vice President and the Secretary-General of SLC Commercial Law Research Society. First of all, Prof. Zheng Shaohua, Assistant President of SUFE, Executive Vice President of SUFE Graduate School, delivered the opening speech. He thanked the experts and scholars for their attendance and support, expressed his view on the formulation of GPCL which he think did be a meaningful legislative activity, put forward problems concerning how Civil Code develop under the integration of the Civil Law with the Commercial Law and introduced the teaching features of Civil and Commercial Law in SUFE. Then, President of SLC Commercial Law Research Society, Vice President of East China University of Political science and Law (ECUPL), prof. Gu Gongyun delivered a speech on the publication of the paper themed on Commercial Law in ECUPL. He stated that Shanghai Commercial Law case and research took the lead in our country. And he affirmed the achievements of the conference proceedings and encouraged experts and scholars to deeply think some Commercial Law related problems. For example, the relationship of Civil Law and Commercial Law, whether the principles of Civil Law should fall into those of Private Law, whether the formulation of General Principles of Commercial Law was needed and whether it was scientific for the commercial subject to be divided into profit and non-profit by the dichotomy etc.. Prof. Gu believed that the true value of the independence of Commercial Law was for the better development of Civil Law, which could be summed up as “more simple folk ethos, more healthy social atmosphere”. And he wished that the meeting could cluster all insights and summarize research results before the deadline of submitting opinions on the formulation of the Civil Code. Finally, the full-time Vice President of SLC, Mr. Shi Jixiong said that he looked forward to the active participation of experts and scholars to discuss and exchange views in the conference.

 

 

In the first module, “General Principles of Civil Law and Commercial Subject”, the discussion was hosted by Prof. Wu Hong, Dean of ECUPL Law School. First of all, Prof. Gao Xujun, Professor of Tongji University Law School, gave a speech on the theme of “On the Construction of the Legal System of Commercial Subject in China — From the Perspective of Law Politics”. He believed that legislation should take politics into consideration and thus came up with the following questions. Firstly, how to build the legal system of commercial subject in our country; Secondly, whether the legislative model should be formulated, whether the Commercial Code needs to be formulated; Thirdly, whether the object of Commercial Law adjustment could be classified as “merchant”; Fourthly, whether the registration could no longer be a precondition for becoming a commercial subject. The next speaker was Vice Professor Cui Xiangmei, Professor of Shanghai Jiao Tong University (SJTU) KoGuan Law School. The theme was “Coordination of Commercial Law and the Civil Subject Provisions in General Principles of Civil Law”. She held the view that great attention should be paid to the coordination of Commercial Law and the unincorporated organizations provisions in GPCL and that and the individual business provisions. In the end of this module, the SJTU KoGuan Law School Professor Han Changyin commented that the formulation of GPCL should take Commercial Law into account, or prone to conflicts. And he stressed that legislation should consider the historical life of the law and the characteristics of the times, as well as reflecting the internal demand of social economy. He suggested that the subject system in the Civil Law should give more space to Commercial Law.

 

 

In the second module, “General Principles of Civil Law and the Reform of Commercial Registration System”, the discussion was hosted Prof. Song Xiaoyan, Vice Dean (presided over the work) of SUFE Law School. First of all, focused on “On the Impact of the Reform Practice of the Commercial System on the Legislation”, Mr Wei Hao, Director of Foreign-funded Enterprises Section of Shanghai Administration for Industry and Commerce, introduced the reform of commercial registration system of Free Trade Zone (FTZ), and made a prospect of the credit platform, the overall electronization and the separation of certificates and licenses. The next speaker was the ECUPL Professor Yang Zhongxiao. The theme was “ome Problems about the Subject Registration System”. He mainly discussed the relevant provisions of GPCL and the existing problems, the existing misunderstanding of the Civil Law formulation (based on the investigation and analysis of foreign legislation), and the main ideas of civil and commercial subject legislation. In the end of this module, the Shanghai University Law School Professor Zhang Xiuquan commented that the Civil Code should concentrate on restriction, to prevent too loose and tedious.

 

 

In the third module, “General Principles of Civil Law and Commercial Legal System”, the discussion was hosted by Wu Jinshui, President of Shanghai Xuhui District People's Court. First of all, the ECUPL Economic Law School Associate Professor Zeng Dapeng delivered a speech themed on “the Formulation of General Principles of Civil Law and the Legislative Structure of Commercial Agency”. He thought that it was necessary to reflect on the relative independence and flexibility of commercial agency in the principle of civil agency. And he pointed out the inappropriate points of Art 5(2) of the current “Bill Law”, as well as problems on managers’ agent rights and agents, and compared the two kinds of legislative models of agent system in different countries. The next speaker was the Vice President of the Fourth Court of Shanghai Second Intermediate People's Court. The theme was “Reflection on the Status of Private non-enterprise Organization Investors”. He took a case as the example, in which a private school operated as corporation and requested to confirming the shares, to illustrate that private school sponsors can be companies or individuals whose property is ultimately attributable to the society. In the end of this module, the Shanghai University of International Business and Economics Law School Professor Yin Jie made the following comments: First, the distinction between the anonymous agent and famous agent in terms of Commercial Law agent right was unnecessary; Second, acknowledging non-profit subject by the way of implementing administrative licenses was feasible.

 

 

In the fourth module, “General Principles of Civil Law and Commercial Legislation”, was hosted by the SJTU KoGuan Law School Professor Han Changyin. First of all, the SUFE Law School Professor Zhu Xiaozhe delivered a speech themed on “General Principles of Civil Law as Common Factor”. He referred to five points: First, the current formulation of GPCL; Second, the German practice of extracting the common factor, that was the masterly generalization of GPCL; Third, whether the power protected by the principle could be included in GPCL; Fourth, whether the civil liability, such as credit obligations, could be incorporated into the Civil Code; Fifth, Commercial Organization law and Commercial Behaviour Law should maintain independence, while the others could be incorporated into the formulation of GPCL. The next speaker was the SJTU Economic Law School Professor Shen Guiming. He gave out views on the definition and distinction of civil and commercial subject under the legislative exploration of GPCL. In the end of this module, SUFE Law School Professor Ye Mingyi commented that great importance should be attached to that Civil Law and Commercial Law was separate in the essence and that the current controversy in the process of the formulation of GPCL was the status of the legal person.

 

 

In the free speech stage, Dean of ECUPL Law School, Prof. Wu Hong stated that the current types of commercial subject was hard to cover all the reality, e.g. Taobao online store without registration, rural cooperatives, temporary business etc.. And he pointed out that the corporative type should possess the independent personality. In addition to that, when it comes to the partnership which was a contractual relationship but owned subjectivity to some extent, we should pay more attention to structured asset management contracts. On the other hand, the Judge of the second civil court of Shanghai Higher People's Court, Chen Ke said that we should pay close attention to the impact of reality on the contract form in order to maintain the integrity of the system. And the commercial problem was the problem of commercial behaviour rather than of commercial subject, so we should solve the problem of commercial subject from the perspective of commercial behaviour. If the solution couldn’t be found in Commercial Law, then turned to Civil Law, therefore Civil Law should leave some legislative space for Commercial Law.

 

As the night fell, the meeting entered the final summary stage. Undoubtedly, contention between attendees in the Annual Meeting reflected the inclusiveness and integration of Civil Law. Meanwhile, the concerns about the formulation of GPCL reflected the responsibility and conscience of all experts and scholars. Rather than just focused on the current problem to be solved, the jurists should view the formulation of GPCL based on the development of Civil Law in the future. And GPCL should be more abstract and general, to set aside legislative space for the Commercial Law. Themed on “the formulation of GPCL and the development of the commercial subject system”, the 2016 Annual Meeting of SLC Commercial Law Research Society fully represented the academic standards and feelings, provided a platform full of exchange and study for the development of Commercial Law, and showed the new direction and new path for the Commercial Law under the new opportunities and challenges.

 

 

 

Published:2017-01-02 Hit:268
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