Morning, September 22, 2017 Hubei Province, Wuhan

Opening ceremony

 

On September 22nd, the “International Conference on Private International Law and China Society of Private International Law 2017 Annual Meeting” jointly organized by the Ministry of Foreign Affairs and the China Society of Private International Law (CSPIL) was held at the Hongshan Hotel in Wuhan. Zhang Mingqi, vice president of CSPIL, Liu Guixiang, full-time member of the Judicial Committee of the Supreme People's Court, Han Jin, party secretary of Wuhan University, Huang Jin, president of the China Society for Private International Law, Xu Hong, director of the Treaty and Law Department of the Ministry of Foreign Affairs, Bernasconi, deputy secretary general of the Hague Conference on Private International Law (HCCH) and the director of the of Wuhan University Institute of International Law attended the opening ceremony. At the same time more than 400 government representatives and experts from 18 countries and regions also take part in this conference.

 

2017 is the 30th anniversary of the CSPIL and the 30th anniversary of China's participation in the HCCH. On the theme of “cooperation and progress: the development and role of private international law”, the participating scholars have in-depth discussion about four major topics: common progress made in private international law over the last 30 years, the “Belt and Road” initiative and international legal cooperation, the new development of private international law under a global perspective and the Hague Judgments Project.

 

In his opening speech, Vice President Zhang Mingqi spoke highly of the work done by the CSPIL such as academic research and exchanges last year for those activities all have positive effects. Vice President Zhang also pointed out the remarkable achievements CSPIL has made in promoting academic research, assisting judicial practice, and serving the socialist legal system by reviewing the development history of the CSPIL in the past 30 years. The CSPIL has not only made important contributions to the improvement of China's foreign-related legislation, but also played a good role in connecting China with the world. Vice-President Zhang believed that foreign-related legal work and the associated legal personnel training will reach new heights with the rapid development and in-depth promotion of the “Belt and Road Initiative”. The CSPIL should rise to the task of its historical responsibility to adapt to the background of continuing to deepen reform and opening up, improving the foreign-related legal system, actively participating in the formulation of international rules, deepening international cooperation in the judicial field, and serving the country's “Belt and Road” construction.

 

In Liu Guixiang’s speech, he pointed out that in the past 30 years, with the continuous deepening reform and opening up to the outside world, the connection between China and international community has become increasingly close, and China’s private international law theory and practice have made considerable progress. At the same time, China attaches great importance to the role of the HCCH and actively participates in the drafting of relevant conventions and ad hoc committee meetings. China plays an active role in the negotiation and signing of the Choice of Court Convention which shows she is always actively participating in the formulation of international rules. This can also bring benefit to China like promoting international judicial assistance. Liu also says it is due to the “Belt &Road” initiative proposed by President Xi Jinping in 2013 that the development of China's private international law has ushered in new historical opportunities. In recent years, the Supreme People's Court has taken the initiative to establish judicial exchanges and cooperation mechanisms with relevant countries, actively promote the use of information technology to do a good job in international judicial assistance, and work with relevant colleges and institutions to create a platform for the identification of foreign laws and continuously promote a diversified dispute resolution mechanism. The development and improvement provide judicial services and guarantees for the construction of the “Belt and Road”.

 

Then Secretary Han Jin warmly welcomed the representatives who participated in the annual meeting and thanked everyone for their long-term support for the international law discipline of Wuhan University. Secretary Han Jin pointed out that international law is the traditional dominant discipline of Wuhan University. Since the reform and opening up, Wuhan University has always regarded international law as a key development area, and established the first international law research institution of the Chinese university system. It has become the key research base of the Ministry of Education and the only national high-end think tank in the field of law. The development of the discipline of international law at Wuhan University is obtained from the support and help of everyone. At the end of his speech, Secretary Han Jin pointed out that in the past 30 years, the CSPIL has worked closely with the HCCH and made progress together, and has achieved gratifying achievements. He sincerely hoped that the global private international law colleagues would speak for the theory of global private international law, establish rules for the global private international law system, and establish a morality for the global destiny!

 

Bernasconi said that the HCCH and its conventions can provide important legal support for the “Belt and Road” construction. He spoke highly of China's active participation in the organization's work over the past 30 years and its important contribution to the formulation of relevant conventions and legal instruments. Thanks to the support of the Central Government of China and the Hong Kong SAR Government, the Asia-Pacific Regional Office in Hong Kong has been successfully operated and upgraded. And the organization has also raised its reputation and promoted its influence.

 

President Huang Jin reviewed the history of the establishment of the CSPIL. He said that in the past 30 years, the development of China's private international law shares a common fate with China's reform and opening up, this can be seen not only in the increasing number of people, but also in the improvement of legislation, law enforcement, justice, personnel training, academic research. He pointed out that in the future, the Society should give full play to its own advantages and actively respond to the challenges brought by traditional big private law such as the era of big data and "cloud computing", accelerate the construction of the discipline system of private international law with Chinese characteristics, actively participate in global governance, and jointly promote global private international law.

 

Director Xu Hong said that the construction of the “Belt and Road” has made it a urgent mission for China to develop its private international law. All countries should aim at achieving the goal of mutual progress and strive to eliminate the conflicts of international civil and commercial law in line with the principle of “co-industry, joint construction and sharing”. For China it is also necessary to provide legal protection for the construction of the “Belt and Road”. At the same time, China actively advocates and promotes the international rule of law, and promotes the coordination and unification of international private law in various countries which is an important part of advancing the international rule of law. China will continue to enhance international exchanges and cooperation, promote the further development of the theory and practice of private international law and the gradual improvement of the international civil and commercial legal system.

 

Morning, September 22, 2017 Hubei Province, Wuhan

Group discussion: The First Group

 

Theme: China and the Convention on the Choice of Court Agreement

 

Venue: Conference Room 6, B Floor, Hongshan Hotel

 

Time: 11:00-12:15

 

Host: Shen Wei (Professor, Chinese Academy of Social Sciences Institute of International Law)

 

Wang Jinlan (Professor, School of Law, Anhui University): Prof. Wang Jinlan gave a speech entitled “Evaluation of the Effectiveness of Jurisdiction Agreement Concerning Foreign Civil Litigation——From the Perspective of Court Jurisdiction Practice in China”. Professor Wang Jinlan’s speech mainly includes the following contents: First, the nature and type of jurisdiction agreement. Professor Wang Jinlan believes that the jurisdictional agreement is a litigation contract, which has both the contract and the litigation. It is still a contract in essence. Second, the subject who examines the effectiveness of foreign-related jurisdiction agreements. The court of appeal is the usual subject to do this examination. Professor Wang shared her thoughts on whether the selected court could determine the validity of the jurisdiction agreement. She believed that the selected court could be the subject of the exception, on the grounds that it reflected the intention of the parties to choose the court, and this was also a analogy of the principle of arbitral tribunal’s self-determination of the jurisdiction. Third, the applicable law for the validity of foreign-related jurisdiction agreements. The court should apply the law when examining whether the foreign-related jurisdiction agreement is valid. There is no clear provision in our law. Fourth, the content of the review of the effectiveness of foreign-related jurisdiction agreements. Professor Wang Jinlan believes that the review includes the contract and litigation effectiveness. The contract effectiveness review is limited to the jurisdiction agreement itself, and it is reviewed from the contractual effectiveness; the litigation effectiveness review is mainly the review of the scope and content of the jurisdiction agreement.

 

Zhang Limin (Associate Professor, Wang Jian Law School, Suzhou University): Associate Professor Zhang Limin gave a keynote speech entitled “the argument about whether the Actual Connection Principal should be abandoned”. Zhang first raised the question of whether or not the law should be abolished. He drew a conclusion from the existing research that the main reasons why many judges and scholars insisted in maintaining “actual connection”: 1. to ensure the convenience of trial; 2. to prevent the waste of litigation resources in the country; 3. to protect the interests of the parties, especially to protect the weak; 4. In the foreign relations, it is conducive to the competition for jurisdiction; 5. Learn from foreign experience and be in line with international rules. Zhang gave his own reasons why the above arguments cannot be established: 1. There is no reasonable basis for facilitating trials and preventing waste of resources; 2. “Actual contact” can only provide limited convenience, and most countries do not require “actual contact”; The reasons for protecting the parties are paternalistic. At the same time, the “actual connection” cannot be equated with the protection of the weak; 4. The “actual connection” requirement cannot prevent the loss of the case; 5. The “actual connection” is developed upon the planned economic mechanism which is outdated. Therefore, Prof. Zhang concluded that we should legislate to abolish the “actual connection” criteria.

 

Xu Yaoming (Associate Professor, Department of Law, Taiwan University of Political Science): Associate Professor Xu Yaoming gave a speech entitled “Analysis of the Draft Convention on the Recognition of Implementation of the Civil and Commercial Judgment in 2017 by the Hague Conference on Private International Law.” Associate Professor Xu first directly gave the conclusion. He believes that the predecessor of this draft convention has many “shadows of EU private international law”, especially the Brussels Convention and the Brussels Regulation. This attempt to “classify private international law” is bound to be questioned by many countries. Even if the final draft text is finalized, the process of signing and ratifying the Convention is just a start, but whether the draft will face the similar fate of the Hague Convention on Consensus in 2005, which was only signed by few countries or only played a limited role in some countries is also a key issue. Regarding how the source country is determined, Associate Professor Xu mentioned that Article 3, paragraph 2 of the draft Convention which provides that a legal person or entity other than a natural person has a habitual residence in the following countries: legal registration, establishment of a legal basis, main place of business or the location of the main office. Regarding habitual residence, this part may be controversial at the end of the draft. Finally, Associate Professor Xu believes that there may be general public order or good public customs for not actually recognizing the judgment. At the same time, the exclusion of the scope of application has certain links with international investment.

 

Wang Jiwen (Associate Professor, School of Law, Jiangxi University of Finance and Economics): Associate Professor Wang Jiwen made a keynote speech entitled “the application of Article 21 of the Hague Convention in 2005 to Ratify the Convention in China”. Associate Professor Wang first proposed that whether or not to ratify the Convention is a dilemma for China because of the weak position of the Chinese party and the consideration of the disadvantaged position of the Chinese court in the jurisdiction of the foreign-related agreement. Secondly, Associate Professor Wang proposed a channel to use the convention to alleviate the dilemma. Our country can make a unilateral statement using the “Statement on Special Issues” system established by Article 21 of the Convention, thereby reducing the negative consequences that the Convention may have on our clients and national interests. This helps to alleviate our plight. At the same time, the mechanism of Article 21 sets up some preventive measures, namely preventing the abuse of statements by the state and negatively affecting the validity of the Convention. Therefore, Associate Professor Wang believes that when applying Article 21, China should be cautious in making statements, and it is not arbitrary. China can use the Article 21 declaration mechanism of the Convention to exclude three special items of intellectual property rights, contracts signed by “overseas-invested enterprises” and natural resource contracts. Of course, after China’s legislation has been amended accordingly, China can withdraw such statements at any time.

 

Zhang Wenliang (Lecturer, Renmin University Law School): Zhang Wenliang made a keynote speech entitled “the applicable law on the jurisdiction of foreign-related agreements - also on the determination of the effectiveness of jurisdiction agreements in China's foreign-related cases”. Zhang Wenliang believes that under the separate legal systems of various countries, the application of the law governing the effectiveness of foreign-related agreements becomes a key issue in the jurisdictional system of foreign-related agreements. He also thinks that the effectiveness of choosing a court choice agreement can be examined from both formal and substantive aspects. There are two basic ways to deal with the legal application of the substantive requirements of foreign-related agreements. The first is to regard the jurisdiction of the agreement as an ordinary contractual matter, and then determine the substantive effect of the foreign-related agreement according to the law applicable to the substantive effect of the general contract so as to find the applicable law; the second is to highlight the uniqueness of the jurisdiction of the foreign-related agreement, and to introduce independent legal application rules for the judgment of the substantive effect of the foreign-related agreement. For the latter path, it can be further distinguished by the identification of the jurisdiction of the foreign-related agreement as a procedural matter, emphasizing the application of the law of the court, and identifying it as a special contractual issue, applying the applicable law of the main contract or introducing a single The applicable rules of the law of the class.

 

When all 5 scholars finished their speech, Professor Du Tao of East China University of Political Science and Law first commented on the speeches of the five teachers. Professor Du Tao believes that the applicable law of jurisdiction agreement has two levels of problems: First, the jurisdiction agreement is part of the contract, is a contract clause, is valid in accordance with the applicable law of the contract; second, jurisdiction agreement is to specify which court to hear the dispute. Professor Du Tao also asked the participants to think about whether the actual contact principle should be changed in the jurisdiction of foreign-related litigation, and whether the actual contact principle can be abolished in the jurisdiction of foreign-related litigation. Then, Professor Du Huanfang from Renmin University discussed the “Convention on Choice of Courts” based on the speeches of five speakers. After the two teachers’ comment, the other teachers present at the scene had an in-depth exchange with the speaking and the commenting teacher, and the response was enthusiastic.

 

The Second Group

 

Theme: “Belt & Road” initiative and international legal cooperation

 

Venue: Conference Room 7, B floor, Hongshan Hotel

 

Time: 11:00-12:15

 

Host: Xuan Gai (Professor, , China University of Political Science and Law School of International Law)

 

Reviewer: Zheng Yuanmin (Professor, Hunan Normal University Law School)

 

Song Xixiang (Professor, Shanghai University of International Business and Economics): Professor Song Xixiang gave a speech entitled “Legal Thinking on Improving the Identification Mechanism of Foreign Laws in China under the ‘Belt & Road’ Strategy”. Professor Song Xixiang’s speech mainly focused on the following three parts: First, Professor Song analyzed the status quo of the legal mechanism of foreign law in China. Second, Professor Song pointed out that at this stage China's foreign law identification mechanism still faces many difficulties. In terms of legislation, there are problems such as the unclear limitation of the reasonable time limit ascertained and the excessively dispersed provisions on foreign law. In the judiciary, the people’s courts generally have problems such as the lack of enthusiasm for the identification and application of foreign laws and the unclear distribution of responsibilities identified by foreign law. Thirdly, Professor Song put forward the following suggestions for perfecting China's foreign law identification mechanism: appropriate integration of the provisions of foreign legislation in China's current legislation; further refine the main body of responsibility identified by foreign law; clear identification methods need not be exhausted; Clarify the time limit for the identification of foreign laws; actively expand the identification of foreign laws, strengthen links with legal research institutions at home and abroad, and establish more foreign law identification centers.

 

Xu Yuhong (Department of Consular Affairs of the Ministry of Foreign Affairs): Dr. Xu Yuhong gave a speech entitled “Reviewing China Consular Certification in the Last 30 Years”. Dr. Xu Yuhong first elaborated on the historical development of consular certification. Secondly, she shared with the participants the process of standardization, legalization and scientific development of consular certification. The “standardization” as one specification of this topic has more normative double title which embodied in the regulations from 1987 to 2014. The second part is the “scientifization” of the production of documents, first it is manifested in the increasing electronization of the production of documents. Second, the non-paper standardization of the carrier form of consular certification documents; the third part is the “legalization” of the Chinese consular certification body system, which includes the provisions of domestic law and the formation of international practices. Finally, Dr. Xu Yuhong explained whether consular certification belongs to the field of private international law research or that of public international law. First, Dr. Xu Yuhong believes that consular certification comes from the public power, the state has the right to decide the necessary or important part; second, the consular certification has a protection function, and the state reflects it through the treaty and domestic regulations.

 

Liu Yuanyuan (Lecturer, Southwest University of Political Science and Law School of International Law): Teacher Liu Yuanyuan gave a keynote speech titled “The principle of reciprocity in the recognition and enforcement of foreign court judgments under the Belt and Road Strategy”. Teacher Liu Yuanyuan pointed out that there are three main mechanisms for the recognition and enforcement of foreign judgments in China: domestic legislation, bilateral mutual legal assistance agreements, and international conventions. In terms of legislation, reciprocal relations are a prerequisite for the recognition and enforcement of foreign judgments. In the judicial aspect, China recognizes and enforces civil and commercial judgments in foreign courts (except divorce judgments), and the main countries involved are Japan, the United States, and Singapore. “Reciprocity” is a necessary condition for the recognition and enforcement of foreign court judgments in China's domestic legislation. China adheres to the principle of factual reciprocity. Due to the convenience and needs of economic development, our courts recognize the inevitability of foreign court decisions. The current legislative provisions are not clear. Judicial practice lacks guidance on how to judge whether there is reciprocity. In the short term, it is unrealistic for China to completely abandon the principle of reciprocity. The flexible handling of the principle of reciprocity in practice have to take the following factors into consideration: clear legislative objectives, presumptive factual reciprocity and legal reciprocity, clear proof of responsibility, expansion of non-reciprocal principle areas, and establishment of reciprocal memoranda.

 

Wang Youyi(Assistant Research Fellow of Fujian Academy of Social Sciences): Mr. Wang Youyi gave a keynote speech entitled “Investment in Labor Law Risk Assessment and Prevention and Control in Countries along the Belt and Road”. Wang pointed out that under the background of “Belt & Road”, labor protection in international investment mainly involves two aspects: one is the protection of labor rights of cross-border workers, and the other is the labor legal risk that multinational enterprises may encounter in international investment. There are three main risks to the protection of labor rights that China encounters in its existing foreign investment trade. The first is the risk of fines caused by violation of local labor laws. The second is the labor force that exceeds its expectations. The risk of increased costs; the third is the risk of union action. Mr. Wang finally put forward countermeasures against the labor law risks of the countries along the “Belt and Road”. From a macro perspective, he says it’s possible to have international cooperation to explore risk prevention and control path, such as binding member states through multilateral or bilateral agreements. In the meso-level parent government can play its role by improving risk prevention and control mechanisms, to be more specific, the domestic legal mechanisms; at the micro level, multinational corporations can mitigate risks by actively negotiating with host countries.

 

Zheng Yuanmin (Professor, Hunan Normal University Law School): Professor Zheng Yuanmin believes that the spokespersons have spoke from the perspective of “Belt and Road”, comprehensively combining theory with practice, and published their own unique opinions which is important for the practice and development of private international law.

 

The third group

 

Theme: Frontier Issues in International Commercial Arbitration

 

Venue: Conference Room 5, Floor B, Hongshan Hotel

 

Time: 11:00-12:15

 

Host: Zhao Jian (Deputy Dean of the Arbitration Institute of China International Economic and Trade Arbitration Commission)

 

Xue Yuan (Professor, University of International Business and Economics School of Law): Professor Xue Yuan made a speech on the theme of “The Improvement of the Function of Foreign Courts in Arbitration.” Professor Xue’s speech mainly includes the following five major parts: First, the court of arbitration is the core factor in the competition of seat of arbitration. Professor Xue believes that the judicial court's judicial support and review mechanism for international commercial arbitration is at the core of the arbitration competition. Second, the review of the jurisdiction of the arbitral tribunal. The court of arbitration has the final decision and exclusive decision on the jurisdiction of the arbitral tribunal. Third, the court of arbitration places offers the assistance of the composition of the arbitral tribunal. Professor Xue advocates that the court of arbitration should provide assistance when the arbitrator is appointed by the ad hoc arbitral tribunal. Fourth, the cancellation of the arbitral award. When examining the application for revocation of an international commercial arbitration award, the court of arbitration shall carefully apply the grounds for which the dispute is not arbitrable and the arbitral award violates the public interest. Fifth, ways to improve the function of the court in China when it’s in the place of arbitration. Professor Xue suggested that the Supreme People's Court should examine the deficiencies of China's arbitration legal system from the perspective of the arbitration courts. Under the existing legal framework, the court at the place of arbitration should establish the final decision-making power of the arbitration courts in the form of judicial interpretation so as to ascertain the role of the court in the composition process as well as the status of its revoked arbitral award.

 

Hu Minfei (Lecturer, Zhejiang Gongshang University School of Law): Mr. Hu made a speech on the theme of “punitive damages in international commercial arbitration: a excess of authority or a public policy?”. His speech includes the following contents: First, he is not in favor of punitive damages. Hu believes that because the countries that recognize punitive damages are not universal, and such rulings may encounter difficulties in recognition and enforcement, punitive damage awards in international commercial arbitration are rare. Second, there are two kinds of defenses in punitive damages: arbitrators who have act in excess of authority and public policy exceptions. If the parties expressly exclude the arbitrator's right to decide punitive damages in the arbitration agreement, but the final award contains the punitive damages, then this can be viewed as the arbitrators’ ultra-compliance act. International treaties and national legislation provide for the revoked foreign-related arbitral awards or the refusal to recognize and enforce foreign arbitral awards on the grounds of public policy exceptions. Third, punitive damages rulings in mainland China. Hu believes that with the changing attitude to the punitive damages system, the arbitration institutions in mainland China will encounter some challenges. When arbitrators have to deal with punitive damages, in addition to confirming whether they have this power, and what the applicable law of the dispute says about punitive damages, they should also consider the place of arbitration and the public policy of the place where the ruling is enforced.

 

Wang Wei (Beijing Arbitration Commission (BAC) / Beijing International Arbitration Center Arbitration Secretary): Wang only made a speech on the theme of "The Opportunities and Challenges in the New Era - A Summary of Hot Issues in Commercial Arbitration in 2016". Secretary Wang’s speech reports from four aspects: First, the Belt and Road Initiative in China. Wang advocates that as the arbitration environment becomes more open and the strategic layout of the Belt and Road Initiative, China's arbitration institutions should seize the opportunity to provide high-quality dispute resolution services for commercial entities and arbitration users in various countries. Second, the rise of investment financial disputes. Wang believes that there are more and more equity investment disputes especially the investment and financial disputes. In the context of "Internet +", China's Internet finance has developed rapidly, and a large number of P2P platforms have emerged. The disputes arising from P2P transactions have attracted attention. Third, research on third-party funding in international arbitration. Wang summed up the main problems of third-party funding and pointed out that mainland China should be sensitive to third-party funding of such hot issues to meet future challenges. Fourth, a brief summary. Secretary Wang pointed out that in the face of opportunities and challenges, it is necessary to strengthen self-construction. The BAC should provide more comprehensive dispute resolution services for international and domestic commercial entities and improve the competitiveness of international arbitration.

 

Mei Hong (Associate Professor, School of Law and Politics, Ocean University of China): Associate Professor Mei Hong gave a speech on the theme of " the Determination of the Applicable Law On Prerequisite Issues and Major Issues and." Associate Professor Mei’s speech answered the following four questions respectively: First, is the effectiveness of foreign-related will a prerequisite for determining the attribution of inheritance? Associate Professor Mei believes that to identify the nature of foreign-related inheritance relations, it is indeed necessary to know the validity of foreign-related wills, but this is not a prerequisite rather than a process for determining the attribution of inheritance. Second, what is the purpose of clarifying the prerequisite issues? Associate Professor Mei believes that the purpose of clarifying the prerequisite issues is to safeguard the legitimate rights and interests of the parties and to take into account the national interests of the courts. Third, should the constituent elements of the pre-requisite question be determined strictly or broadly? Mei opposes the broad interpretation of the prerequisites questions for this will lead to confusion in the application of the law. Mei also proposes the pre-requisite questions mainly consist of the “controversial nature” of private international law issues and the “incidental nature”and “independent nature”of the main issues. Fourth, if there is no real conflict, is it still necessary to determine its applicable law? Mei pointed out that under this circumstance it does not even constitute a private international law issue, and there is no pre-requisite question in private international law. Naturally, it is not necessary to invoke the conflict norm to determine the applicable law.

 

Zhu Yu (Lecturer, Hunan University of Arts and Sciences): Zhu made a speech on the theme of “arbitrability of arbitration clauses”, “autonomy of arbitration clauses” and “independence of arbitration clauses”. Zhu’s speech is divided into three parts: First, different definitions of independence of arbitration clauses. Zhu believes that although the independence of arbitration clauses has been established as a basic principle, the conclusions will be largely affected by the inconsistency of the expressions of the most basic concepts of each country. Second, the two major legal systems have different understandings of the principle of independence of arbitration clauses. The Anglo-American legal system believes that the arbitration clause can be independent of the basic contract, but it has never completely separated from the basic contract of the parties. The civil law system highly emphasizes the autonomy of the arbitration clause as a tool for constructing a supranational arbitration system. Third, the three concepts of “arbitrability of arbitration clauses”, “autonomy of arbitration clauses” and “independence of arbitration clauses” should be unified and consistent. Zhu believes that in interpreting the relationship between the arbitration clause and the underlying contract, the term “autonomy of the arbitration clause” is too radical and the relationship between the “divisibility” and the underlying contract is not appropriate, and “the arbitration clause is independent which should only focuses on explaining the relationship between the arbitration clause and the underlying contract, it is more appropriate to not relate it to the renvoi in the national legal system.

 

Following the five speakers, Professor Li Zhi of Fuzhou University made a l comment on their report. Professor Li believes that Professor Xue’s report has many highlights, but he does not agree with the “Notice of the Supreme People’s Court on Relevant Issues Concerning the Implementation of Hong Kong Arbitration Awards in the Mainland”, which is a sign of the standard conversion of arbitration places. He also suggested that Professor Xue have furthur research in the content of the existing judicial interpretation on the arbitral tribunal's decision-making power; As for Prof. Hu's ultra-authority research, Li agreed to make a restrictive interpretation of the ultra-compliance referee and public policy, hoping that the punitive damage award will be enforced, at the same time he came up with his own ideas about the typicality of the case puts forward in Hu’s speech; Li believes that he is instructive to the discussion of the pre-requisite questions by Associate Professor Mei, and also puts forward his own views on the typicality of the report cited cases; Professor Li believes that what Wang has proposed: the demand sparked by economy development, the rise of investment financial disputes, and the new development of arbitration, can be more in-depth discussed in the field of equity investment, especially the inheritance business; Professor Li believes that Zhu Xi’s explanation on independence of arbitration clause is more related to the accurate expression among English and Chinese.

 

Afternoon of September 22, 2017 Wuhan, Hubei Province

Group Discussion The First Group

 

Theme: Theory and Practice of Contemporary International Private Law

 

Venue: Hongshan Hall, Hongshan Hotel

 

Part I.

 

Time: 15:00-16:15

 

Host: Du Tao (Professor, School of International Law, East China University of Political Science and Law)

 

Ding Wei (Director and Professor of the Shanghai Municipal People's Congress Legal Work Committee): Director Ding made a speech entitled “The Codification of the Civil Code and the Codification of China's Private International Law.” Director Ding’s speech mainly focused on the compilation of the Civil Code and the codification of China’s private international law. Director Ding believes that in the process of codification of the Civil Code, the simultaneous compilation of the International Private Law Code is practical and feasible in terms of legislative technology, and can meet the requirements of scientific and advanced nature, stability and forward-looking requirements. Director Ding called on experts and scholars to pay close attention to the legislative development of private international law at the national level, and proposed that this should be one of the topics of the next annual meeting. The relevant discussion can be used as a proposal for the National People's Congress. The Chinese private international law scholars should take advantage of the situation and make suggestions for the compilation of private international law in a more active and promising manner.

 

Zhang Chunliang (Professor, School of International Law, Southwest University of Political Science and Law): Professor Zhang gave a speech entitled “Systematic and Systematic Conflict Principal/Formula”. Professor Zhang’s speech centered on what is “systematic”. He pointed out that the system consists of three aspects: the integrity of the scale, the hierarchical structure, and the functional integration. Professor Zhang believes that China's system of legislation should be designed in five levels: setting specific and complete formula, corrective exceptions, supplementary formulas, and formulas acting as general principles. Professor Zhang believes that China should improve the scientific and systematic legislation and finally reach a complete socialist legal system complying with Chinese characteristics.

 

Yuan Faqiang (Professor, School of International Law, East China University of Political Science and Law): Prof. Yuan gave a speech entitled “Questioning the Rationality of the Certification of Consular Evidences Outside the Domestic Territory”. Professor Yuan pointed out that under the background of China's study into the Hague Convention on the Abolition of Public Documents, Article 11, the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings stipulates that there is a problem in the validity of existence. Professor Yuan Faqiang believes that extraterritorial evidence does not need to be compulsory. There are three main reasons: First, consular certification can only provide limited indirect proof of the formal authenticity of extraterritorial evidence, and cannot indicate the correlation between evidence and proof. Second, any civil evidence, whether or not it is formed outside the domain, or whether it meets a certain form of requirement, should not be a reason for not being able to cross-examine. Third, China's judicial practice community has long been committed to the correction of the relationship between consular certification and the trial cross-examination, further reflecting the constraints of the formal requirements such as certification on the identification of extraterritorial evidence, affecting the smooth development of the trial cross-examination.

 

Li Jianzhong (Professor, Zhejiang University of Science and Technology): Professor Li gave a speech entitled “Study on the System, Practice and Improvement Path of the Method of Identifying Foreign Laws in China”. Li Jianzhong mainly discussed the legislative status quo, main legislative defects, problems in judicial practice and perfect path of the methods of foreign law identification in China.

 

First, Professor Li believes that China's current legal provisions on foreign law identification have major problems and need to be improved. Secondly, Professor Li believes that the main defects of China's foreign law identification method system include lack of legislation, omission of judicial interpretation, lack of specific implementation mechanism of judicial assistance treaty, and imperfect procedural rules for the application of foreign law identification methods. Thirdly, Professor Li Jianzhong pointed out that there are problems in the practical application of the method of identifying foreign law in China, such as the single type of identification method, and it is more serious to find out the failure. Fourth, Professor Li suggested starting from two aspects to improve China's foreign law identification method system: First, learn from the experience of Europe and the United States, grasp the development trend of the system and practice; Second, change the legislative concept, innovate the legislative model, and improve the method of foreign law identification Specific rules.

 

Professor Zeng Jia (Professor, Northwestern University Law School) Comments:

 

Ding Wei analyzed the legislative intent of our country and believed that for private international law, there is no technical obstacle to compiling a separate international code. However, the actual difficulty is that the NPC Law Committee does not attach importance to the legislation of private international law, which ignores the opinions of some private international law scholars, and tends to make international private law independent in the civil code. However, it can be seen from the compilation of private international law compiled by Mr. Zou Guoyong that the private international law of many countries is independent into a code. The current status of international private law legislation in China does not match the rapid development of China.

 

Sun Shanghong (Professor, Northwest University of Political Science and Law) Comments:

 

At the legislative level, the relevant provisions on the application of laws are still lacking, and more attention should be paid to China's private international law legislation. Teacher Zhang Chunliang made a speech based on Article 21 of the Law Applicable Law. He also proposed that the provisions of the international private law legislation in China are not extended in terms of marriage and family. The system of conflict law in China has a systemic flaw in the macro, which needs further improvement. .

 

Yuan Faqiang made a speech on the question of the rationality of the certification of the consular evidence of the extraterritorial evidence. The consular certification annihilated the party's cross-examination in the trial, which is not conducive to the improvement of the quality of foreign-related civil and commercial litigation. It is suggested that the judicial practice in our country should still use a more flexible approach, just as some courts may use lawyers, expert witnesses, and parties to provide evidence for comprehensive identification.

 

The specific concerns of the teacher Li Jianzhong are related to the issues involved in the application of foreign law, and the issue is grasped as a whole. In addition, Mr. Sun Shanghong believes that the method of identification of foreign law content, regardless of which method, should be cross-examined by the court, and it cannot be considered that it has corresponding effect because only relevant jurisprudence and law are found.

 

 

Part II.

 

Time: 16:20-18:00

 

Host: Cong Lixian (Professor, School of Law, Beijing Foreign Studies University)

 

Liu Ying (Professor, Institute of International Law, Wuhan University): Professor Liu made a speech entitled “Exclusion of the Application of CISG”. Professor Liu believes that as a civil and commercial treaty, the applicable rules of CISG strengthen the hard-law characteristics of CISG in application. The court will not apply until the parties have applied the applicable CISG in accordance with the Article 6 agreement. This judgment process itself is applicable to the CISG rules. The support mechanism for excluding the CISG from the specific contract is itself within the CISG.

 

However, according to some data surveys, at the practical level, lawyers often exclude the application of CISG or as required by their clients/contract parties, so that CISG does present soft-soft features in practical application. At this time, it is often necessary to apply the general principles on which the CISG is based or the domestic law that is directed by the conflict rules. Professor Liu pointed out that reducing the path of exclusion of the parties may include improving the knowledge and application of CISG by legal practitioners, and enhancing the recognition of commercial entities through preferred interpretation.

 

Chen Liping (Lecturer, Law School of Guangxi Normal University): Chen Liping made a speech entitled “The Mode of Choice and Implementation of China's Recognition and Enforcement of Foreign Punitive Damages Judgment”. Chen Liping pointed out that the purpose of damage compensation in civil law system is “damage to fill” and profit-making prohibition, while common law countries believe that punitive damages have the effect of curbing illegal activities. There are major obstacles and special obstacles in the recognition and enforcement of punitive damages. The main obstacles include the difficulty of operation. The special obstacle lies in the existence of substantive law conflicts between Chinese and foreign punitive damages.

 

She believes that for punitive damages, China should divide recognition and enforcement, and provide a path for the implementation of the division of recognition and enforcement of foreign punitive damages.

 

Cui Mingjian (Lecturer, School of Political Science and Law, Jinan University): Mr. Cui gave a speech entitled “The Application of Law on the Infringement Disputes of International Network Personality Right--On the Improvement of China's Relevant Conflict Norms”. Mr. Cui believes that the location of the network terminal equipment and the location of the network server for the infringement are the places where the infringement is implemented. While the location of mobile network terminal equipment such as mobile phones is a place of infringement, it may be considered to find other places with special value in network infringement. The selection range of the place where the infringement result occurs may include the location of the infringer and the location of the network terminal device where the infringee finds the infringing information.

 

Dong Jinxin (Lecturer, China University of Petroleum): Mr. Dong made a speech entitled “The substantive law method of judging the direct application of law in China”. Mr. Dong mainly discussed from the following aspects: First, the interpretation function of the referral clause and the judgment of the direct application law of China; second, the interpretation standard of the referral clause and the judgment of the direct application law of China; the third is the referral clause The scope of interpretation is judged by the direct application law of China; the fourth is the scope of interpretation of the referral clause and the judgment of the direct application law of China; the fifth is the deficiency of the referral clause in the judgment of the direct application law.

 

Chen Guojun (Lecturer, School of International Law, East China University of Political Science and Law): He gave a speech entitled “On the Limitation of the Principle of Autonomy of Will in the Application of the Law of the Motive Rights”. Chen believes that the principle of autonomy of will should be reasonably restricted in the application of the law of conflict of movable property rights. The specific content of the cause should be analyzed in the specific case involving the case, and the content of the creditor relationship and the nature of the property should be distinguished. The former applies the rules of contract conflict law. The latter applies the rules of the law of property rights conflicts. In order to link this principle with the Civil Code, new provisions for the rights of the movable property should be introduced in the compilation of the property rights of the Civil Code, or the validity of the customary property law should be confirmed by explicit provisions to alleviate the inherent rigidity of the statutory principle of property rights.

 

Huang Renting (Department of Law, Tezukayama University, Japan) Comments:

 

Huang Wei first explained the different directions and angles of the literature cited in Chen Guojun's papers. For Mr. Cui Mingjian's suggestion to amend Article 46 of the Law Application Law, Mr. Huang believes that the first thing to consider is the current law. The shortcoming is that it does not reach the level of not changing, and secondly, where the proposed modification is better than the current law.

 

Wu Yong (Professor, University of Chinese Academy of Social Sciences) Comments:

 

Professor Wu Yong pointed out that in order to allow the contract subject to exclude the application of Article 6 of the CISG in practice, the economic factors are considered in the interpretation of the CISG rules so that the preferred CISG rules can promote trade efficiency and suit the international sale of goods. Customary practices can reduce the frequency of exclusion of CISG and enhance the predictability and certainty of CISG applicable results, thus promoting the application of CISG.

 

Chen Liping took the punitive damages as a whole with the theme of the mode selection and implementation path of China's recognition and enforcement of foreign punitive damages judgments. Although our country's laws stipulate punitive damages in special fields, there are still great disparities with the punitive damages system in the Anglo-American legal system countries. And in a case of the Italian Supreme Court, the recognition of divisionality necessarily involves substantial punishment.

 

The Second Group

I. Theme: “Belt and Road” initiative and international legal cooperation

 

Venue: Conference Room 6, Floor B, Hongshan Hotel

 

Time: 14:15–15:45

 

Host: Huo Zhengxin (Professor, School of International Law, China University of Political Science and Law)

 

Liu Yi Deng (Professor, School of Law, Central South University): Professor Liu Yi Deng gave a speech on the theme of “Corporate Enterprise-to-Consumer Social Responsibility Legislation in the Background of ‘Belt and Road’ ”. Professor Liu explained the theoretical basis for the responsibility of multinational corporations to consumers and introduced the legislative practice of corporate-to-consumer social responsibility in international organizations and countries such as the United Kingdom, Germany, India and South Africa. Finally, when talking about legislative proposals, Professor Liu believes that this is a question of value orientation, that is, protecting capitalists, producers or consumers. If we learn from foreign practices, the value orientation should protect the weak, protect consumers and laborers, and adopt the principle of punitive punishment. China's current legislation is obviously not enough to properly regulate the problem of corporate fraud and manufacturing of inferior products. Professor Liu suggested to issue a corporate investment guide to corporate code of conduct.

 

Yu Zhihong (Professor, Faculty of Law, Guangdong University of Finance and Economics): Prof. Yu Zhihong gave a speech on the theme of “Recognition and Implementation of the Judgment of the Mainland and Hong Kong Inter-District Courts under the ‘Belt and Road’ Strategy”. He pointed out that the “Arrangement” is extremely limited, and has more symbolic significance than the actual effect. He believes that Hong Kong should integrate into the Mainland in its ideological understanding. At the same time, it should recognize the scope of recognition and implementation in the inter-regional courts, expand the scope, set easy criteria, and simplify procedures in order to promote the free flow of judgments.

 

Zou Shuhuan (Associate Professor, School of Law, Tianjin University of Commerce): Associate Professor Zou Shuhuan made a speech entitled “Several Issues in the Trial of Foreign-related Civil Cases--From the Perspective of the Law on the Application of Foreign-related Civil Relations Law”. Zou believes that there must be a clear criteria for identification of what is foreign related factor. As for the application of conflict law, the implementation of the “favorable” principle, the “most closely contact” principal and the application of laws in multi-jurisdictional countries should be taken into consideration. Later, Zou stresses out the responsibility burdened by the courts, arbitration institutions or administrative agencies.He believes that the court may have problems such as inadequate search and misapplication of foreign law when applying foreign law. The court should adopt a positive and cautious attitude to deal with it comprehensively.

 

Zhu Lei (Lecturer, Institute of International Law, Wuhan University): Zhu Lei gave a speech entitled “Recognition and Enforcement of China's Judgment in Singapore”. Mr. Zhu mainly discussed two typical cases where courts in Singapore recognize and enforce of judgments and civil mediation documents made by Chinese courts, and studied the conditions and procedures required for Chinese courts to be recognized and enforced in Singapore. He introduced the basic legal framework for the recognition and enforcement of foreign judgments in Singapore and draws the conclusion that in a strict sense, the execution of Chinese judgments or mediation documentd by court in Singapore is actually transferred into a Singapore judgment, not a foreign judgment. So this means the judgment of the foreign court is indirectly recognized and enforced.

 

Lian Junya (Ph.D., Institute of International Law, Wuhan University): Dr. Lian Junya gave a speech on the topic of “Research on the Cooperation of Multinational Civil and Commercial Judicial Assistance under the ‘Belt and Road’ Initiative”. She introduced the status quo of cross-border civil and commercial judicial assistance cooperation from the perspective of the domestic law and the international legal system. Then she points out the challenges in cooperation and comes up with some of her suggestions: unifying the relevant terms of judicial assistance and increasing the content of legal aid for transnational civil and commercial matters, and refining the judicial assistance for transnational civil and commercial matters in bilateral agreements. To stipulate and promote the signing of multilateral treaties and actively consider joining the International Convention on Judicial Assistance.

 

Wang Liwu (Professor, Shandong University of Political Science and Law) comments:

 

Professor Wang Liwu believes that Professor Liu Yiliang studies the protection of consumer rights from the perspective of social responsibility. The research background is grand, the topics are novel, and the suggestions are more in line with the implementation of General Secretary Xi Jinping's thinking in practice; the report of Associate Professor Zou Shuhuan involves The content is more extensive; the doctoral student Lian Junya's explanation mainly involves the object of judicial assistance. According to the content of judicial assistance, whether the legal person should stipulate judicial assistance should consider the specific situation.

 

Deng Jie (Professor of Shanghai Normal University) Comments:

 

Professor Deng Jie believes that Professor Yu Zhihong’s article pointed out that the “Arrangement” signed between the two places in 2008 has played a limited role since its entry into force. The article refers to Hong Kong law and the practice between the two places and proposes it in a targeted manner. Suggestions. Professor Deng Jie believes that Zhu Lei’s article deeply analyzes China’s principle of reciprocity in recognizing and enforcing foreign court judgments, and points out that our courts are gradually abandoning the conservative standards of reciprocity in the past, which is very important for the transnational recognition and enforcement of China’s promotion of judgments. Great meaning.

 

 

2. Theme: China and the Hague Conference on Private International Law

 

Venue: Conference Room 6, Floor B, Hongshan Hotel

 

Time: 16:00 – 17:45

 

Host: Song Xiao (Professor, Nanjing University Law School)

 

Professor Song Xiao introduced the theme of the agenda of the conference and the identity of the guests and guest speakers, and announced the beginning of the agenda.

 

Qi Xiangquan (Professor, School of International Law, China University of Political Science and Law): Professor Qi Xiangquan gave a speech entitled “Should China join the Hague Convention on the Law Application of Certain Rights on Securities held by Intermediaries? ” Professor Qi believes that for securities can claim two kinds of rights, namely the rights of the securities themselves and the rights carried by the securities, the national legislation applies the law of the location of the securities based on the principle of the location of the goods. However, the Convention has two provisions on the legal application of securities. One is that Article 4, paragraph 1, of the Convention provides for the law applicable to the parties to the securities, and the second is that if the parties have no choice, the law applies to the securities company. This rule contradicts the laws of various countries, so there are few joining countries. Professor Qi Xiangquan believes that China should not join the convention. Because first, the definition of the Convention and foreign-related civil relations in China differ greatly. Second, the Convention does not coincide with current Chinese legislation. Third, the convention uses words and the expression is not rigorous. Fourth, the Convention is formulated in accordance with the legal system of common law countries, and China is a law applicable law based on the laws of civil law.

 

Lu Shanjing (Jinmao Partners Law Firm): Lu Shujing gave a speech on the theme “Recognition and Enforcement between the Hague Convention and Child Support Judgment”. In a case of a foreign-related divorce case, Lu points out some problems and thinks it is possible for China to make a breakthrough in implementing cross-border judgments on child support. First, the parties are not motivated to seek recognition and enforcement of cross-border judgments. Second, the cost of seeking cross-border judgments by parties is high. Third, even if the judgment is recognized and enforced, it is usually paid in installments, and the parties are worried that the later fees will not be paid. In addition, Lu introduced the implementation of the Judgment on Mutual Recognition and Enforcement of Marriage and Family Civil Cases between the Mainland and Hong Kong Special Administrative Region Courts signed in mainland China and Hong Kong in June this year. Breakthroughs and developments in the judgment.

 

Zhang Xiaoyu (Librarian of the Legislative Decision Service Department of the National Library): Dr. Zhang Xiaoyu gave a speech entitled “Conciliation on Disputes on Cross-border Abduction of Children and Child Custody Disputes”. Dr. Zhang proposed the main problems in cross-border abduction of children, includes custody conflicts, conflicts between domestic laws and extraterritorial execution of judgments. When talking about the use of mediation to resolve cross-border abduction of children, Dr. Zhang proposed the following advantages: the settlement of custody conflicts can effectively prevent the occurrence of secondary abduction, help parents understand each other, and restore parents as soon as possible. Children's life order and so on. Finally, Dr. Zhang believes that in the process of dispute mediation, special mediation principles such as voluntary, neutral and impartial, confidentiality and other general mediation principles and multiple mediation and dual-language dual-culture and prioritizing children's interests should be followed.

 

Xue Tong (Lecturer, School of International Law, China University of Political Science and Law): Mr. Xue Tong gave a speech entitled “The Judgment of the Judgment in Bilateral Treaties - Review and Reflection”. Xue Tong raised two questions: whether the bilateral treaty can be a suitable means to help to establish a judgment recognition and enforcement mechanism, and whether there are many provisions for the recognition and enforcement of judgments in bilateral treaties. Do they have a common base and whether they can be used for judicial interpretation or participate in negotiations to provide a reference. Xue believes that the recognition of bilateral treaties has a “prisoner's dilemma” and no country is willing to recognize it first. There are two solutions, namely unilateral opening and the elimination of uncertainty through the conclusion of a treaty to achieve optimal treatment. The selection of an enforcement mechanism that is suitable for our country’s judgment should consider the motives and positions of China’s recognition of the enforcement of foreign judgments. Xue Tong believes that unilaterally opening up the country to enforce foreign judgments is the best option for expanding the recognition and enforcement of national judgments. The second preference is to join the international convention system. Bilateral treaties are the worst choices. Only when they treat foreign countries differently are they meaningful. of. If we continue to choose a bilateral mechanism, we need to choose the appropriate contracting party based on the size of the judgment flow.

 

Ren Xianlong (Lecturer, Faculty of Law and Politics, Yancheng Teachers College): Ren Xianlong made a speech entitled “The Impact of Private Maritime Security of Private Maritime Security on the Effectiveness of Policy on Merchant Shipping – Based on the British Marine Insurance Law”. First, Mr. Ren Xianlong suggested that the use of private maritime armed security on board may mainly result in three types of illegal acts, namely illegal possession of weapons, illegal shooting of pirates or fishermen and the seizure of captains. These violations may affect the effectiveness of the marine insurance contract (policy) between the shipowner (e.g. the insured) and the insurer. Then, Ren Xianlong pointed out that the illegal or inoperable policy of private maritime armed security is difficult to prevent and control. This requires the shipowner to diligently choose a prestigious private Maritime security companies and high-quality private maritime armed security guards should choose private maritime security companies that have joined the Maritime Security Industry Association and ISO PAS 28007 certification.

 

Following the speeches of the five speakers, Prof. Xu Qingkun from Shandong University and Professor Xu Junyu from the School of Foreign Affairs commented on the spokesperson’s report. Professor Xu Qingkun commented that Professor Qi Xiangquan had a very comprehensive examination of whether China should join the Hague “Convention on the Law Application of Certain Rights in Securities held by Intermediaries”. This article by Xue is very meaningful. There are few studies on the recognition and implementation of judgments in the bilateral treaties concluded by China, so this article makes people shine. Ren Xianlong used a hypothetical case, but this would be different from the facts. Professor Xu Junyi commented on the reports of Lu and Dr. Zhang. Regarding Lu’s article, Professor Xu proposed that there are three conventions on the Hague Convention and Child Support Judgment. The first two conventions have more than 20 countries to join, but China has not joined, and in the future, they can pay more attention to these conventions among signatories. How is the implementation and why China does not join such a convention. Dr. Zhang Xiaoyu talked about the mediation of cross-border abduction of children's disputes and child custody disputes, leaving some questions worth considering, such as the nature of the results of this mediation, whether it is the same as the result of commercial mediation. It is considered a new agreement in our country, but the outcome of the mediation results in the family sector will be different.

 

The Third Group

I. Theme: “Belt and Road” and Innovation of China's Arbitration System

 

Venue: Conference Room 7 on the B floor of Hongshan Hotel

 

Time: September 22, 2017 14:00-15:30

 

Host: Lu Song (Professor of the Diplomatic Academy)

 

Shi Xianming (Professor, School of Law, Yunnan University of Finance and Economics): Professor Shi made a speech on the topic of “Internationalization of China's Foreign-related Commercial Arbitration Procedures under the Background of “Belt and Road”. Because the increase of international trade and investment activities is inevitable, international commercial arbitration can be the best way to resolve these disputes. Due to the nature of international commercial arbitration, the international commercial arbitration procedure system has a clear tendency to be assimilated. In contrast, due to historical and practical reasons China’s foreign commercial arbitration procedure system contradicts with the international community’s common practice in many respects. The main problems such as: litigation of arbitration procedures, mechanization of procedural laws, administration of arbitration procedures, and due process virtualization. He has made several suggestions: First, establish the party's autonomy in the arbitration procedure and eliminate the litigation of the arbitration procedure; second, strengthen the arbitral decision of the arbitration tribunal and dilute the arbitration institution's The management function; the third is to clarify the procedural obligations of the arbitrator and to ensure the fairness and justice of the arbitral proceedings

 

Fu Panfeng (Assistant Researcher, Institute of Law, Chinese Academy of Social Sciences): Dr. Fu Panfeng introduced the legislative model of commercial arbitration in France with the title of “Dual Legislative Model of French Commercial Arbitration and Its Enlightenment”. He elaborated on the necessity of studying the legislative model and then introduced the dual legislative model of French commercial arbitration. His opinion is that we can refer to the dual legislative model of French commercial arbitration in China's arbitration law, for instance, business place standards are applied first, and the economic standards play a corrective role.

 

Zhang Chaohan (Lecturer, School of International Law, Northwest University of Political Science and Law): Mr. Zhang Chaohan made a speech on the topic “The significance and path of the establishment of a temporary arbitration system for free trade area in China”. He introduced the current situation of ad hoc arbitration in China, and believed it is a necessity to establish a temporary arbitration system in the free trade zone. There are several different ways: one is the direct introduction of “one step in place”, the other is the “partial pilot” type special authorization, and the third is the “suspended application” type of dual track, but the first two The model is not feasible. He also analyzed the article in the “Provisional Arbitration Rules of Hengqin Free Trade Pilot Zone”, and believed that the rule constructed a “one-body-two-wing” arbitration system with Chinese characteristics: the judicial and arbitration institutions timely and moderately involved in the dispute resolution process. Finally, he pointed out the disadvantages of this mechanism while he is in favor of the idea that it is good for The Arbitration Rules of the Qin Free Trade Zone to stipulate temporary arbitration at the institutional level.

 

Liu Su (Ph.D., China University of Political Science and Law): Dr. Liu Su gave a speech on the improvement of the international commercial arbitration system under the “Belt and Road” strategy. Liu Su elaborated on the necessity of establishing an international commercial arbitration system. The advantages are analyzed. Secondly, Liu Su pointed out the four shortcomings of commercial arbitration in China like inaccurate commercial arbitration ; litigation of arbitration; lack of the temporary arbitration system; inconsistency with the online arbitration system. Finally, he proposed four suggestions for improvement accordingly: first, to accurately locate the nature of the arbitration institution; second, to strengthen the autonomy of meaning; third, to carry out pilot projects in the free trade zone; fourth, to develop online arbitration System. Its perspective is macroscopic, pointing out the shortcomings of commercial arbitration in China, and it has theoretical research value.

 

Wang Rui (Master of Law, Fudan University Law School): Wang Rui made a speech entitled “The Recognition of Article 5, paragraph 1 (b) of the New York Convention in China’. He studied the judicial practice of the New York Convention in China with the perspective of Article 5, paragraph 1 (b), of the New York Convention. He pointed out that by studying the Supreme Court reply cases and typical local court cases, it can be found that our courts generally convert the “appropriate notice” under the New York Convention directly into whether the service was completed in the arbitration proceedings. However, by using the treaty interpretation method, after examining the treaty text itself, the drafting background of the treaty, the preparatory materials, and the subsequent documents, it can be found that the original meaning of Article 5, paragraph 1 (b), of the New York Convention is to protect the parties in the case. The procedural rights, the right to express opinions and the defense, the judicial practice of our courts seems to deviate from this. Our courts should return to the original intention of the Convention in future practice and adhere to the support of foreign arbitral awards under the New York Convention. The position of recognition and enforcement.

 

Wang Keyu (Professor, Central University of Finance and Economics) comments:

 

Professor Wang Keyu believes that the procedural system is a key issue in the nationalization of foreign-related commercial arbitration. Professor Shi Xianming's speech deeply compares the differences between domestic and foreign commercial arbitration procedures. The internationalization of China's foreign-related commercial arbitration rules also includes the impact of relevant Chinese rules on the world. Professor Wang Keyu believes that studying the dual legislative model of French commercial arbitration is of great practical significance. It can provide diversified services to the parties through dual-track or even multi-track legislation. Professor Wang Keyu pointed out that the provisional arbitration system is a hot topic of current research. Zhang Chaohan's thesis The advantages of ad hoc arbitration and the enlightenment to us, the scope, subject, field, and supervision and management of ad hoc arbitration can be further studied. Dr. Liu Su's thesis research is very macro, and can be around the arbitration institution. The nature and the boundaries of the power boundary of the arbitral institution are further studied. Professor Wang Keyu believes that Wang Rui’s research on the thesis is very deep, and he can further consider the law to determine whether the application of the law conforms to the “due process”, such as the law of the arbitration place and the court. Local law or the law of the place where the person is served.

 

Ding Ying (Professor, Beijing University of Posts and Telecommunications) Comments:

 

Professor Ding Ying believes that Professor Shi Xianming's thesis is very comprehensive, and discusses the implementation of the provisions and requirements of the Arbitration Law on due process; Professor Fu Panfeng's research on the dual legislative model of French commercial arbitration has Great revelation. For the speech of Teacher Zhang Chaohan, Professor Ding Ying agreed with the temporary arbitration under the intervention of the development agency at this stage, and the permanent arbitration institution will assist and support the arbitral tribunal. Professor Ding Ying believes that it is possible to study the extent and conditions of arbitration institutions involved in ad hoc arbitration, and pay attention to balance. For the speech of Dr. Liu Su, Dr. Ding Ying believes that although the Arbitration Law does not explicitly stipulate the legality of online arbitration agreements, it can be combined with the Contract Law, the Electronic Signature Law and the Judicial Interpretation of the Arbitration Law. The contract is written in writing. Professor Ding Ying believes that Wang Rui’s thesis has carried out in-depth empirical research in combination with judicial practice, which can further explore the meaning and requirements of “due process”.

 

 

Second, the theme: International Private Law Youth Scholars Forum

 

Venue: Conference Room 7 on the B floor of Hongshan Hotel

 

Time: September 22, 2017 15:45-17:30

 

Host: Lu Song (Professor of the Diplomatic Academy)

 

Wang Hui (Ph.D., School of International Law, East China University of Political Science and Law): Dr. Wang Hui gave a speech on the topic of “Multidimensional Thinking on the Rule of Soft Law of International Commercial Arbitration”. Wang Hui thinks that like the hard law, the soft law is also an indispensable part of the arbitration system. He emphasized the guiding role of the soft law of arbitration in practice, and believed that the procedural text established between non-states is no less important than the treaty. Wang Hui believes that the soft law of arbitration is not accidental, but exists and develops simultaneously with the arbitration system, covering multiple areas such as arbitration uniform law, arbitration evidence, arbitration professional ethics, and arbitration procedure management. Wang Hui found that there are limited types of soft law in arbitration in China and is less applicable in practice. This is because autonomy of arbitration has less effect in China, and some arbitration workers lack the awareness of soft law. Finally, Wang Hui appealed China should accelerate the construction of the arbitration industry community, more actively participate in the formulation of the soft law of international arbitration, and strengthene the research and promotion of the soft law of arbitration. The arbitration "soft law" is used as the link and link between the countries along the road.

 

Jiang Dong (Ph.D., China University of Political Science and Law): Dr. Jiang Dong spoke on the topic of “Belt and Road and Innovation in China's Arbitration System”. Jiang Dong first briefly introduced the current situation of China's Chinese arbitration system and believed that the current key issue is to ensure the efficiency of arbitration. Therefore, it is necessary to improve and innovate China's arbitration system on the premise of ensuring the value of arbitration efficiency. Based on the autonomy of the meaning of arbitration, it is necessary to expand the scope of party autonomy. Based on this concept, Jiang Dong believes that on the one hand, it is necessary to expand the scope of arbitrability, and it should not exclude arbitration for infringement disputes; on the other hand, it should give the parties the right to form an objection to the arbitral tribunal. Jiang Dong also introduced the judicial supervision mode of arbitration in the United Arab Emirates, France, Singapore and other countries, with a view to providing reference and reference for the design of relevant rules in China. Finally, Jiang Dong put forward several suggestions for China, arguing that China should expand the applicant's right of dissent, guarantee the right of the arbitration institution to take arbitration measures, especially the right to property preservation and jurisdictional objection, and at the same time ensure that the arbitral award is better. Recognition and enforcement.

 

Ma Xiaoxiao (Secretary of Beijing Arbitration Commission/Beijing International Arbitration Center): Ma made a speech on the "Comparative Study on Consolidated Arbitration Issues". First of all, she talked about the advantages of merger arbitration in avoiding contradictory rulings, saving arbitration costs, and effectively solving aging problems. At the same time, there are disadvantages such as conflicts with party autonomy, conflicts with arbitration confidentiality principles, and impact on arbitral tribunal power. Secondly, Ma elaborated on the legislation and practice of Chinese and foreign merger arbitration. Finally, Ma proposed the thinking and discussion of the merger arbitration system.

 

Pu Yuntao (Ph.D., Institute of International Law, Wuhan University): He made a keynote speech entitled “Research on the Limitation of Commercial Arbitration”. He pointed out that China's “Civil Law General Principles” and other legislation can not fully adapt to the needs of China's commercial arbitration practice in terms of commercial arbitration. China's arbitration practice shows that parties, arbitral tribunals and courts have different characteristics for the application of arbitration timeliness. In terms of the value of law, the statute of commercial arbitration pays attention to the priority of party autonomy and is backed by public order reservation. In terms of legislation, the parties should be allowed to agree on the limitation period of arbitration under certain conditions. For the arbitral tribunal, the arbitral tribunal may identify the statute of limitations of international commercial arbitration according to different laws; the party's autonomy is superior to the applicable law of the entity. In the judicial aspect, the court should correctly treat the revocation of the arbitral award, such as concealing evidence, defamation, and public interest, in the trial of the arbitral award.

 

Lu Yang (Ph.D., School of International Law, China University of Political Science and Law): Dr. Lu Yang takes “the Belt and Road” international commercial arbitration legal risk prevention - from the perspective of law application, on the background of the "Belt and Road" Preventing the legal risks of international commercial arbitration and making a very practical report. He analyzes how to prevent legal risks before signing and explains the importance of arbitration venues, arbitration rules, etc. for enterprises to choose arbitration procedures, and believes that comprehensive arbitration procedures should be considered. In order to resolve the conflict between the arbitral procedures chosen by the two sides, Lu Yang believes that the first is to strengthen the negotiation ability of both parties and try to choose a win-win solution. The other is to determine that the two parties should determine the optimal according to the weighted order of different procedural and substantive concerns before signing the contract. The ideal procedural norms and entity norms of sub-optimal and re-optimal, and negotiated as far as possible in the contractual place, arbitration institution (or provisional arbitration rules) and substantive law agreed upon in the contract. Finally, Lu Yang proposed to pay attention to the interaction and influence of procedural norms and substantive law. Since the ruling recognizes and enforces applicable law, mainly the New York Convention and relevant domestic laws of the State of Recognition and Enforcement, the transaction entity should conclude and apply the New York Convention to the countries foreseeable recognition and enforcement before signing the contract. And the relevant domestic laws are fully understood and risk assessed.

 

Yin Li (Associate Professor, Ningbo University) Comments:

 

Associate Professor Yin Li believes that Wang Hui’s multi-dimensional thinking on the governance of the “soft law” of international commercial arbitration is very comprehensive, and points out that he should think about how to formulate selected criteria for the various forms of soft law. Jiang Dong proposed a number of innovations in the arbitration system, which explained the new opportunities facing arbitration and has research value.

 

Ma Mingfei (Associate Professor, Dalian Maritime University) Comments:

 

Associate Professor Ma Mingfei believes that Ma Rong has practical significance for the selection of the arbitration research, and his viewpoint is clear. He has adopted a comparative research method and is very persuasive. The theoretical research proposed by Qi Yuntao on the basis of careful analysis of up to twenty cases is a highlight, with sufficient arguments and clear views. Lu Yang's risk prevention for international commercial arbitration under the background of “Belt and Road” – the topic from the perspective of law application is very close to reality, and its thesis is limited to the application of law and countermeasures, which can be further clarified as to what risks it faces.

 

Morning, September 23, 2017 Wuhan, Hubei Province

Group discussion First Group

 

I. Theme: Theory and Practice of Contemporary International Private Law

 

Venue: Hongshan Hall, Hongshan Hotel

 

Time: 8:30-10:00

 

Host: Ding Wei (Director of the Legal Work Committee of the Shanghai Municipal People's Congress Standing Committee)

 

Huang Jin (President of China University of Political Science and Law, Professor): President Huang Jin made a keynote speech entitled “2016 China Private International Law Practice Review”. His speech mainly consists of three parts. First, a brief introduction to the overview of the practice review. The review of China's private international law practice has been carried out for 16 years, mainly including three parts, namely, the new development of legislation and judicial interpretation in China in recent years, the systematic analysis of the application of law and the analysis and discussion of specific issues of private international law. Second, the views on academic research. At present, the academic research of private international law is generally divided into two situations. One is to form new ideas through the study and study of predecessors' theory, and the other is to improve themselves by studying judicial practice. Principal Huang Jin pointed out that academic research can not only be deduced and judged theoretically, but should also be brought to practice for testing. Third, we must affirm the concern of our academic circles on the mechanism of foreign law identification in the past few years. The identification of foreign law is a new practice. This practice has been recognized by the courts of our country and played a greater role in assisting the judicial organs in trial cases. The construction of the “Belt and Road” in China should also pay attention to the identification of this problem by foreign law. .

 

Song Lianbin (Professor, School of International Law, China University of Political Science and Law): Professor Song Lianbin made a keynote speech entitled “The Judicial Application of Article 24 of the Law on the Application of Civil Relations Concerning Foreign Affairs——Based on the Analysis of 48 Open Judgment Documents”. First, Professor Song Lianbin pointed out that the court's refereeing ideas and refereeing rules are not uniform on the legal application of foreign-related matrimonial property relations. Second, the application of Article 24 of the Law Applicable Law and the conflict of immovable property rights. Professor Song Lianbin believes that the rights of foreign-invested couples should be applied to Article 24 of the Law Application Law. Because marital property is a special case of general property, it has the particularity of identity and should therefore be treated differently from general property.

 

Sun Changgang (Senior Partner of Beijing Yuheng Law Firm): Mr. Sun Changgang gave a keynote speech entitled “Recognition and Implementation of Reciprocal Principles and Reflections on Foreign-related Family Judgments”. Lawyer Sun Changgang first pointed out that the recognition and enforcement of the judgment has become a practical problem, and China has joined the "Court Choice Agreement" to inject new impetus into it. Then, Sun Changgang pointed out that when applying the principle of reciprocity to recognize foreign judgments, the proof of reciprocal relationship is a difficult problem. Therefore, China should treat the principle of reciprocity differently in legislation and practice, and try to judge foreign countries as much as possible without violating the principle of good public order. Recognition and execution give reciprocity. Finally, Sun Changgang clearly pointed out that since foreign-related family judgments involve the establishment and dissolution of marriage relations, child support, and property division, China should treat the recognition and enforcement of such judgments in a positive and open manner. At the same time, it is pointed out that child support and property division can be handled in accordance with the principle of reciprocity in the Civil Procedure Law and the International Civil and Commercial Treaty, and can also draw on the separation method adopted by foreign countries such as Canada.

 

Sun Yuqing (Ph.D., School of Law, Shanghai Maritime University): Dr. Sun Yuqing gave a keynote speech entitled "Empirical Research on the Application of Law in International Shipping Disputes". Sun Yuqing’s speech is based on 250 international shipping cases, pointing out that China has the following problems when applying foreign laws: First, in terms of the application of law, there are legally applicable rules that improperly deal with the relationship between general and special provisions, directly invoke judicial interpretation, Mistakes apply to mandatory provisions, improperly citing the rules for determining jurisdiction as the basis for determining the applicable law, citing the applicable rules of law for different laws, and improperly invoking the principled provisions to determine the applicable law. Second, in the process of selecting the law, the name of a specific law is referred to by a fuzzy name, the civil case is improperly applied, the standard that cannot be ascertained by foreign law is ambiguous, the legal basis of the reference is not stated, and the method of determining the closest contact law is improper. The problem is especially serious. Third, in the application of international treaties, there is a big difference in the understanding of the status of treaties by courts at all levels in China. The above problems are concentrated in contract cases and infringement cases, and judges often choose the applicable applicable law by customary thinking. In this regard, Sun Yuqing pointed out that it can refer to the process control method in the system discipline and effectively intervene from the judgment document.

 

After the five teachers spoke, Professor Yuan Faqiang from East China University of Political Science and Law first commented on the speeches of the five teachers. Professor Yuan Faqiang put forward relevant thoughts on empirical analysis, pointing out that the representativeness of the extracted cases has a great influence on the correctness and quotability of the conclusions. The sampling standard is the core of empirical analysis. Therefore, it is necessary to strengthen the sample selection in the case selection. Description of the standard. Subsequently, Professor Li Jiannan of Jinan University expressed his views on the principle of reciprocity. He believed that the retaliatory tendency of the principle of reciprocity led to the reciprocity principle encountering various dilemmas in the practice of recognition and enforcement of judgments. The development of the principle of reciprocity.

 

 

Second theme: the new development of extraterritorial international private law

 

Venue: Hongshan Hall, Hongshan Hotel

 

Time: 10:15-12:00

 

Host: Liu Renshan (Vice President and Professor, Zhongnan University of Economics and Law)

 

Wu Guangping (Associate Professor, Department of Law, Kainan University, Taiwan): Associate Professor Wu Guangping delivered a speech on the development of the law of infringement and the comparison of private international law - the governing law of infringement among South Korea, Japan and the Taiwan. Wu pointed out that the new legislative trend of the law of infringement includes the flexibility of the choice of the law of infringement, the rise of subjectivism, the type of infringement and the implementation of the principle of protection. Subsequently, Wu successively evaluated the applicable law of torts as stipulated in the Laws applicable to the law of the two sides of Korea, Japan and Taiwan from the perspective of selected methods, subjectivism, type and weak protection in the law of infringement.

 

Xu Kai (Associate Professor, School of International Law, East China University of Political Science and Law): Associate Professor Xu Kai gave a keynote speech entitled "On Punitive Compensation in American Private International Law." Associate Professor Xu Kai introduced the legal conflicts of punitive damages in the United States, the constitutional restrictions on the conflict of punitive damages in the United States, the selection of courts and punitive damages, the choice of laws for punitive damages, and the recognition and enforcement of punitive damages. He suggested that China should flexibly handle the selection of courts, adjust the current dual-actionable rules, appropriately use the segmentation method to deal with punitive damages in foreign product liability, adopt a two-point method for the recognition and enforcement of foreign punitive damages judgments, and establish penalties. The general standard for determining the amount of sexual compensation.

 

Si Wen (Assistant Researcher, School of International Law, East China University of Political Science and Law): Si Wen made a keynote speech entitled “The Application and Enlightenment of the “Waiver in advance Rule” in US Courts”. Her speech mainly includes four parts. First, it introduces the historical evolution of this rule in US courts. Second, the applicable criteria for the “Waiver in advance” rule. Through analysis of relevant cases, she discussed the applicable standards of the rule from the aspects of application scope, applicable conditions and applicable stages, and pointed out that the dispute resolution clause and the law selection clause in the rule are independent of each other. Third, the compatibility of the “pre-waiver” rules with relevant international rules. Si Wen mainly discussed the compatibility between the rule and the New York Convention and the Convention on Court Choice Agreement. She believed that the rule was a manifestation of the “public policy” embodied in the New York Convention and that the courts in the United States have to choose the rules for reviewing the effectiveness of the court selection agreement outside the scope of the agreement. Fourth, the evaluation and enlightenment of the application of the rule. Siwen believes that this rule is a manifestation of American court geography and “legal self-confidence”. Its humiliating quotation reflects the attitude of the US courts in support of arbitration and is the embodiment of the US public policy.

 

Liu Lin (Lecturer, Law School of Hunan Normal University): Teacher Liu Lin gave a keynote speech entitled “Discussion on the Law Application Rules for Transnational Ownership Disputes of Stolen Cultural Relics”. His speech mainly consists of four parts. First, the gray transnational circulation chain of stolen cultural relics. Liu Lin mainly introduced the main part of the cross-border circulation of stolen cultural relics by the villagers in Fujian, and pointed out that the auction house is an important intermediate link. Private collectors and museums are the end of the circulation chain. Second, it introduces two relevant international treaties and separately discusses the deficiencies of the two treaties. Third, the traditional law on the application of property rights disputes and its amendments. Liu Lin pointed out that the principle of “lex locirei sitae

” cannot be applied mechanically in the dispute of stolen transnational ownership. Instead, a more flexible and comprehensive consideration should be applied to the law without the existing rules. The method is to balance the interests of the parties and properly resolve related disputes. Fourth, learn from relevant international experience and improve relevant legislation in China. In view of the fact that it is much less difficult to unify the law selection method from the perspective of conflict law than to unify the substantive law of pirated logistics on a global scale, and to provide stable legal expectations for the sale of cultural relics, Liu Lin pointed out that it should be discussed from the perspective of law application. The solution to this problem. Subsequently, it listed the relevant regulations of Belgium and proposed relevant suggestions for the improvement of our laws.

 

After the four teachers finished speaking, Professor Luo Jianwen of Sun Yat-sen University affirmed the research methods and research scope of Associate Professor Wu Guangping, and suggested that Wu Guangping conduct more research on judicial practice in East Asia, especially the guiding cases. Then, Professor Ou Fuyong of Hunan Normal University commented on the speeches of Xu Kai and Si Wen. Professor Ou Fuyong affirmed the significance of the research by Xu Kai and proposed two suggestions: First, suggestions should be made in both judicial interpretation and applicable law. Second, some new cases should be found as support. At the same time, Professor Ou Fuyong also affirmed the speeches of Si Wen and Liu Lin and proposed changes.

 

The second group

 

Theme: Theory and Practice of Interregional Private Law

 

Venue: Conference Room 6, Floor B, Hongshan Hotel

 

Time: 8:30-10:00

 

Host: Tu Guangjian (Professor, University of Macau Law School)

 

Jiang Baoguo (Associate Professor, School of Humanities and Law, South China Agricultural University): Associate Professor Jiang Baoguo gave a report titled “From Practice Rationality to Rational Practice: An Informal Report System Study in the Delivery of Foreign-related Hong Kong, Macao, Taiwan”. He believes that the practical characteristics of the delivery of Hong Kong, Macao and Taiwan are low success rate and long cycle. The Supreme Court has practical needs as the main body of the delivery rules and the subject of the informal delivery. At the same time, the mainland courts have formed diversified delivery methods such as service delivery, postal delivery, regional entrustment, and on-site delivery (occasional delivery) in practice, which is gradually transitioning from an informal system to a formal system. Based on the above facts, he advocated that the Hong Kong, Macao and Taiwan delivery should adopt a composite model, and that the Supreme Court needs to formulate normative documents on delivery, and should open the inter-departmental entrustment in the future.

 

Zhang Meijun (Associate Professor, School of Law, Chinese Academy of Social Sciences): Associate Professor Zhang Meizhen gave a report entitled "Developments of Inter-regional Conflict of Laws within China". Her report mainly includes the content of inter-regional conflicts in China, the inter-regional achievements of civil and commercial judicial assistance, the challenges and enlightenments in inter-regional conflicts of law, and focuses on the third aspect. She believes that under the background of one country, two systems, China as a multi-jurisdictional country is bound to create legal conflicts. The personal connection points in interregional conflicts of law have different connotations, and there are different understandings of the content of public order, so that conflict justice and substantive justice should be balanced. Under this circumstance, she believes that China should selectively draw on the content of the Hague Protocol of Private International Law, and that the legislation and practice of interregional judicial assistance in China can also be used as a basis for joining the Hague Protocol of Private International Law to a certain extent.

 

Wang Gaiqin (Lecturer, School of Humanities and Social Sciences, North University of China): Wang gave a report titled “Selection of Inter-regional Civil Judicial Assistance Model in China”. She believes that as a multi-jurisdictional country, civil judicial assistance between jurisdictions varies with different stages of historical development. Moreover, there is no unified Court of Final Appeal in China. There are many difficulties in judicial assistance between jurisdictions, such as the lack of legislation and the deficits of legislation, the low level of legislation, the inconsistency of legislation between jurisdictions, the lag of trial practice, and the lack of coordination mechanisms between jurisdictions. On this basis, she believes that it is necessary to choose or establish a suitable model, take "two different ways step by step", and ultimately promote the unity of inter-regional judicial assistance.

 

Wang Hongyan (Assistant Professor, School of Law, Shanghai University of International Business and Economics): Wang Hongyan gave a report entitled "Comparative Study of the Jurisdiction System between the Mainland and Hong Kong and the Improvement of the Inner Territory Arrangement". She believes that the conflict of jurisdiction is the biggest problem in the judicial assistance of inter-communal commercial affairs between the Mainland and Hong Kong. The most effective way to improve the Arrangement by comparing the jurisdictional systems of the Mainland and Hong Kong. The practical situation is that in terms of formal validity, the requirements of the Hong Kong courts are relatively loose, and the courts in the Mainland are more stringent; in terms of substantive validity (the applicable law of jurisdiction agreements), the principle of autonomy of will, the principle of the law of the courts selected and the position to make it as effective as possible; in terms of the effectiveness of the jurisdiction agreement, it should be combined with the practice of the Hong Kong and Mainland courts in the case of jurisdiction of the parties. In addition, she argues that both the Mainland and Hong Kong courts should respect the exclusive jurisdiction agreement, and the non-exclusive jurisdiction agreement may apply the inconvenient court principle.

 

Peng Xing (Ph.D., School of Law, Zhongnan University of Economics and Law): Dr. Peng Xing, a Ph.D. student, gave a report entitled “On the Coordination of Responsibility for Active Conflicts in Foreign Civil Jurisdiction”. She believes that the active conflicts of foreign-related civil jurisdiction have caused many difficulties in the field of international civil litigation. Countries have adopted different methods such as first-class priority principle, inconvenient court principle, and injunction order to coordinate conflicts. However, most of them focus on parallel litigation at the same time, failing to resolve the issue of repeated litigation after the effective judgment is made. From the perspective of res judicata, it is possible to examine the impact of the different stages of the entire litigation process on the jurisdiction of other countries through the “interval division”, and then coordinate the conflict of civil jurisdiction with the jurisprudence theory of civil judgment, especially when “the standard of judgment is Between the two time nodes of "and the judgment is recognized", the effectiveness of the resilience can ease the conflict of jurisdiction.

 

After the five speakers speeches, the Associate Professor Gu Weixia of the University of Hong Kong made a wonderful comment first. He believed that the article by Jiang Baoguo was very new, but the informal system and the formal system of the law involved jurisprudence issues. This should be taken seriously; The associate professor's thesis is very comprehensive, but it should be noted that the cross-straits and the four places have different expressions on public policy; the article by Wang Qianqin's article is unconventional, but the introduction of a unified inter-regional law is unlikely in practice. Subsequently, Professor Wang Jinlan of Anhui University made a brief comment. She believed that the article of Teacher Wang Hongyan was clear, but the current jurisdiction of the agreement is basically based on the provisions of the arbitration agreement, and there is a difference in the understanding of “written form”.

 

Second theme: the new development of international investment arbitration

 

Venue: Conference Room 6, Floor B, Hongshan Hotel

 

Time: 10:15-12:00

 

Host: Yang Song (Professor, School of Law, Liaoning University)

 

Qi Tong (Professor, Institute of International Law, Wuhan University): Professor Qi gave a report entitled “Selection of Inter-regional Civil Judicial Assistance Model in China”. He believes that the dispute settlement between countries is not a controversy in the short-term development, and the mechanism innovation in the field of civil and commercial disputes, the government has relatively limited space. The Shenzhen International Court of Arbitration introduced investment arbitration last year, but there may be problems with insufficient sources. There is great potential in the field of investment arbitration. Recently, it is facing profound reforms. The past investment arbitration has legal problems. As far as China is concerned, it is an ideal choice to learn from the EU model from a broader perspective, to join the Chinese elements, and to cultivate its own arbitrators.

 

Cao Xingguo (postdoctoral researcher at the School of International Law, China University of Political Science and Law): Cao Xingguo gave a report titled “Chinese Expression in the Transformation of International Investment Arbitration System”. He believes that due to the inapplicability of the commercial arbitration mechanism in the field of international investment and the imbalance of interest in the existing investment arbitration mechanism, the international investment arbitration system is undergoing a revolution led by Western countries. As one of the major participating countries in the international investment field, China's reform of the international investment arbitration system is not only a good opportunity for China to participate in the formulation of international rules and increase the institutional international discourse power. China can no longer be in a passive position as in the past. Based on the dual value of both the importing country and the country of investment and export, on the basis of affirming the value of investment arbitration, the balance between the interests of investors and host countries and the cultivation and export of legal talents for investment arbitration are based on bilateral investment. Under the agreement, the system of investment arbitration clauses and the innovation and construction of multilateral and regional investment arbitration mechanisms start from the two aspects, actively participate in the process of change, and issue Chinese voices to express China's interests.

 

Zhang Jian (Ph.D., School of International Law, China University of Political Science and Law): Dr. Zhang Jian, a doctoral student, gave a report titled “Revocation of the ICSID Investment Arbitration Award”. He believes that the arbitral award revocation procedure under the International Investment Dispute Resolution Center system is an important mechanism for reviewing the arbitral tribunal's procedural errors and ensuring the procedural rights of the arbitrators. Article 52, paragraph 1, of the Washington Convention establishes the revocation. Five things for the ICSID ruling. The continuous development of investment arbitration practice has gradually made the reasons for the revocation more specific, and has made the scope of the review of the special committee more clear. Therefore, it is necessary to analyze the main functions of investment arbitration dispute resolution, and balance the multiple values ​​of ruling finality, arbitration efficiency and procedural fairness, and avoid confusing the cancellation procedure with the appeal procedure.

 

Zhang Bingnan (Ph.D., School of International Law, East China University of Political Science and Law): Dr. Zhang Bingnan, a doctoral student, gave a report entitled “The Application of the Crossroads Provisions in the Bilateral Investment Agreements of Countries along the Belt and the Way”. On the basis of specific empirical analysis, he believes that 32 of the 56 valid bilateral agreements currently have provisions for the forks, and the overall application is not optimistic; the interpretation of the forks clause by the ICSID arbitral tribunal is taking place. The transition from formalism to substantiveism has shifted from the previous “three equals” standard to the “fundamental basis” standard. At this stage, the problem of the fork road clause may not have a significant negative effect on China as an investor. However, China's dual status as an overseas investor and investment host country urgently requires the renewal of bilateral investment agreements. The modification mode of the fork road terms should be based on the provisions of the investment agreement between China and Canada, and gradually implement the institutional model of the “No U-turn” clause, in order to provide quality legal support for the China Belt and Road Initiative.

 

After the five teachers spoke, Professor Song Xixiang from Shanghai University of International Business and Economics made a detailed comment. He believed that Professor 彤 的's report has a wide range of opinions, but there is doubt about whether the cooperation of the mediation agreement can be confirmed through the relevant interpretation of the Supreme Court; Dr. Xingguo’s report, he believes that although the United States has withdrawn from the TPP, the TPP standard is still a future model worth learning. As far as the doctoral student Zhang Jian’s report is concerned, he specifically supplements the relevant issues of the revoked Chinese arbitral award. My own opinion on the issue of ICSID investment arbitral award revocation. Later, Professor Li Jianzhong from Zhejiang University of Science and Technology expressed his opinion. He believes that Professor Qiu’s report is very comprehensive, but he believes that it is very unlikely that an international commercial court will be established on the basis of the highest court.

 

The Third Group

 

Theme: Youth International Private Law Forum

 

Venue: Conference Room 7 on the B floor of Hongshan Hotel

 

Time: 8:30-10:00

 

Host: Du Huanfang (Professor, Law School, Renmin University of China)

 

Zhang Xijin(Ph.D., China University of Political Science and Law): Dr. Zhang gave a keynote speech entitled "Empirical Research on the Application of General Infringement Law Concerning Foreign Affairs in China". Zhang believes that the application of foreign-related general tort law has become the focus of research in the field of private international law. The empirical research on 93 valid adjudication documents made by our courts invoking Article 44 of the Law on the Application of Foreign-related Civil Relations Law shows that foreign-related infringement cases are increasing year by year. At the same time, the application of foreign-related general tort law has the following characteristics: the expansion of the applicable rules of general tort law; the judgment of the judgment is not sufficient, and the legal reasoning process is wrong.

 

Yang Yuwen (Ph.D., School of International Law, East China University of Political Science and Law): At this conference, the doctoral student Yang Yuwen published an article entitled "Recognition and Implementation of the Habitual Residence System in Foreign Judgments - Also on the Resume of China's Habitual Residence System". Yang Yuwen first conducted a comparative analysis of the textual norms of indirect habitual residence jurisdiction, arguing that there is a difference between the existing habitual residence system in China and the habitual residence in the usual sense. Finally, it is proposed that China's legislative or judicial organs should at least introduce the habitual residence system in foreign-related civil litigation, and draw on the implementation of the General Principles of Civil Law to unify the permanent residence system.

 

He Zenglei (Ph.D., School of Law, Zhongnan University of Economics and Law): PhD student He Zenglei submitted an article entitled “Background of 100 Years of Review: The Background, Implementation and Continuation of the Laws Applicable Regulations of 1918”. The article is divided into four parts: the first part is the background of the regulations; the second part is the implementation status of the regulations, mainly the reasons for the poor implementation; the third part is the relationship between the Regulations and the Law Application Law, mainly The legislative structure changes of the Law Applicable Law from 1918 to 2010 were introduced, and there was also a certain evolution in the content. The last part was about the impact of the Regulations on the follow-up international private law.

 

He Yehua (Ph.D., School of Law, Nanjing University): He Yehua, a doctoral student, gave a speech entitled "International Concession Principles in Antitrust in the United States." He Yehua elaborated on the identification of the US vitamin C case and its international comity, the definition of international comity in the anti-monopoly field, the international comity principle in the US jurisprudence, and the real conflict in the vitamin C case. He Yehua believes that the principle of international comity, which is a unilateral approach and content inclusive, plays an important role in balancing the conflicting internal and foreign interests in the field of antitrust law.

 

Peng Yi (Associate Professor, Nanjing University of Technology) Comments:

 

Peng believes that the topic of Dr. Zhang is very valuable. The cases used in the article are more comprehensive and the analysis is clearer. However, for the legislative design of the lack of autonomy in the special infringement system, Professor Peng suggested that further discussion is whether the legislator intends to do so or is a legislative flaw.

 

Peng believes that Dr. Yang’s thesis is clear and the structure of the text is also very logical. However, there is also a problem. Habitual residence is the connection point recognized in the Hague Convention. At present, there seems to be no intention to develop this system. Therefore, the interpretation of this part in the article may not be of great significance. In addition, there are subtle differences in the various fields of habitual residence, and it is also necessary to stipulate a universally applicable concept.

 

Wang Jiwen (Associate Professor, Jiangxi University of Finance and Economics) Comments:

 

Associate Professor Wang Jiwen thinks that Dr. He Zenglei's topic is very interesting. He has sorted out the inheritance relationship between the Law Application and the Law Application Law, and later mentioned the relationship between the Civil Code and private international law. Using historical analysis methods, this research method is relatively novel and has certain research value. However, there are some rushes in the article, and there is no further elaboration in some aspects. For example, in the inheritance relationship between the Law Application Regulations and the Law Application Law, this place should be further elaborated, because this is the core part of the paper.

 

Associate Professor Wang Jiwen believes that Dr. He Yehua's thesis uses the "Visit C case" as an entry point to explain the principle of international comity and explores whether the anti-monopoly field is a defense issue. But the idea of ​​the article does not seem very clear. However, there are some problems in the article. First of all, the topic in the fourth part seems to be too abrupt and easy to cause misunderstanding. The title of the title is debatable. Secondly, in the case study, it is necessary to undertake the international comity principle and the “dimensional C case”, and it can smoothly enter the fourth part.

 

Professor Du Huanfang also added relevant suggestions. Professor Du hopes that young scholars will stick to their own ideals and interests. The latest news of the Supreme Court on Dr. He Zenglei’s article on the private international law is that it has been compiled in the organization, and part of the article on Dr. Zhang Xijun’s article on commercial infringement. Zhang's classmates perfected the competition for breach of contract and tort liability. The relationship between jurisdiction and courtesy of Dr. Yang Yuwen's article can be considered.

 

Second, the theme: Youth International Private Law Forum

 

Venue: Conference Room 7 on the B floor of Hongshan Hotel

 

Time: 10:15-12:00

 

Host: Yuan Quan (Professor, Guangdong University of Foreign Studies)

 

Xing Wangwang (Ph.D., Kaiyuan Law School, Shanghai Jiaotong University): Ph.D. student Xing Wangwang delivered a keynote speech titled “The Evolution of Danish Private International Law under the International, European Union, and Nordic Vision Valves”. Xing Wangwang first introduced the connection and difference between the Nordic legal system and the Anglo-American legal system and the civil law system. Secondly, Xing Wangwang believed that with the Maastricht Treaty as the demarcation point, Denmark had a different attitude towards the establishment of the European Union. It introduces some of the private international law conventions that Denmark has joined, and finally explores the possibility of codification of Danish private international law.

 

Tong Yao (Ph.D., Shanghai Maritime University): At this conference, the doctoral student published an article entitled “China’s Positions on the Hague Principles on Choice in Law in International Commercial Contracts”. He first introduced the formulation and influence of the "Hague International Commercial Contract Law Selection Principles", then compared it with China's private international law, and finally put forward its practical prospects in China. It is believed that China should selectively draw on the more advanced institutional design of the principle and continue to localize it, thus making up for the legislative gap and further expanding the scope of application of party autonomy.

 

Xu Zhihua (Ph.D., School of International Law, Southwest University of Political Science and Law): Dr. Xu Zhihua gave a speech entitled "Critical and Reconstruction: The Position of the Reality of China's Commercial Arbitration." Xu Zhihua discussed the conflict of position, from the pre-determination, the res judicata, the statutory proof and self-conflict, and the arbitration conflict. Aiming at positioning criticism, it is demonstrated from four aspects: concept, theory, logic and efficiency. It also reflected on the independence, autonomy, burden of proof and relief mechanism of arbitration. In response to the positioning reconstruction, Dr. Xu put forward detailed insights from the effectiveness positioning, applicable ruling, scope of application, and mode of action.

 

Wang Honggen (Ph.D., School of International Law, East China University of Political Science and Law): At this meeting, doctoral student Wang Honggen published an article entitled "Public order in the recognition of the legal status of transnational surrogacy." Wang Honggen first introduced the specific connotation of public order in transnational surrogacy, and then conducted a comparative analysis of the legal application of public order in the recognition of transnational surrogacy legal parenthood. Finally, it was proposed that children should be best in the recognition of transnational surrogacy legal parent status. Benefits are the primary consideration and limit the application of public order.

 

Qi Zhuang (Ph.D., School of International Law, China University of Political Science and Law): Qimade a keynote speech entitled "Preliminary Study on the Execution of International Commercial Mediation and Settlement Agreement". Qi elaborated on the necessity and urgency of developing an international commercial mediation system, the theoretical analysis of the effectiveness of international commercial mediation settlement agreements, and the implementation status of China's international commercial mediation settlement agreement. Finally, it provides the following insights on how to construct the path of China's international commercial mediation settlement implementation guarantee mechanism: formulate a unified "Commercial Mediation Law", strengthen the credit penalty system, and establish an implementation guarantee system for the settlement agreement.

 

Li Jing (Associate Professor, East China University of Political Science and Law) Comments:

 

Associate Professor Li Jing believes that Xu Zhihua's article selection topic is novel, and the research method of data model is worthy of reference. However, there are still some problems. It is suggested that the similar concepts in the article be further elaborated to highlight the problem consciousness.

 

Associate Professor Li Jing believes that Wang Honggen's article focuses on cutting-edge issues and uses comparative analysis and case analysis methods. It is suggested that the article should define the connotation of public order and further discuss the reasons for the violation of public policy in the case.

 

Zou Guoyong (Associate Professor, Wuhan University) Comments:

 

He believes that Xing Wangwang's article is informative and rich in materials. It is recommended to polish the topic of the paper and adjust the structure of the article.

 

He believes that his paper focuses on the issues of the era of private international law, but the article still has room for improvement. It is recommended to polish the title of the article to echo the subject matter and accurately use the legal English.

 

He believes that the topic of the strong paper makes the topic of the article come out and the content is novel. It is recommended to modify some parts of the article, adjust the structure of the article, and introduce the implementation of some representative countries.

 

Afternoon, September 23 2017 Hubei Province, Wuhan

 

Theme: Special Research Committee Report

 

Venue: Honghe Hall, Hongshan Hotel

 

Time: 14:00-15:10

 

Host: Xu Guojian (Vice President of China International Private Law Law Association)

 

Fei Zongxi (Honorary President of China Institute of Private International Law): The theme of Fei’s report is “Re-recognition of private international law”. The report of Fei Lao can be divided into four parts: First, the dispute over the attribution of the law applicable law. Should the law applicable law be incorporated into the Civil Code as a one-line law, or should it be integrated into an international private law code? This issue has been debated by the Chinese jurisprudence. Fei Lao believes that there should be sufficient reasons to explain that the nature of the law applicable law does not belong to civil law. The Civil Law Application Law on Foreign Relations is a procedural law that, together with other rules, constitutes a special procedure for the trial of foreign-related civil cases. It is impossible for the Private International Code to include the substantive law provisions of the Civil Code, nor is it possible to incorporate the procedural provisions of private international law into the Civil Code. Second, the role of private international law. Fei believes that private international law is an international legal cooperation that uses foreign law to solve its own problems. Third, comment on "the theory of the demise of private international law." Fei believes that as long as there are sovereign countries, as long as the law is not unified, the foreign law application law will also play a role. Fourth, study and study the sentiments of private international law. Looking back over the past 30 years, Fei summed up: to resist loneliness, to think independently, to be truthful and true, and to strive for self-improvement.

 

Qi Xiangquan (Professor of the School of International Law of China University of Political Science and Law / Member of the Special Research Committee of Private International Law Cases): Professor Qi made a "Work Report of the International Private Law Case Study Committee of the China Society of Private International Law". The report is divided into four parts: First, the basic situation of the case committee. On March 2, 2016, the China Institute of Private International Law made the “Decision on the Establishment of a Case Study Committee for Private International Law”. The Private International Law Case Study Committee was established immediately. The working methods were mainly based on the public number push case and analysis. Second, work since the launch. "China International Private Law Society International Private Law Case Research Committee Information Exchange Platform" was officially launched on April 19, 2017. Eleven cases have been pushed. Each case is accompanied by case evaluation or case observation, and the case is reviewed. Third, the public number section design. The public number is divided into four sections: First, mining history. The object of private international law is foreign-related civil relations. It is necessary to find the root source and find the original definition of "foreign-related civil relations." The second is to grasp the contemporary. The theory of private international law should be studied in conjunction with contemporary cases. The third is theoretical innovation. Studying private international law cases will discover new problems and find new solutions. The fourth is the country case. To study the case of private international law, it is necessary to compare the relevant laws of various countries.

 

Du Tao (Professor of the School of International Law of East China University of Political Science and Law / Member of the Special Research Committee on the Frontier Issues of Private International Law): Professor Du made the "International Frontier of International Private Law (2016-2017) Annual Report". The report is divided into two parts: first, the work in 2016-2017. On May 26-27, 2017, the Seminar on the Theory and Practice of the Identification of Foreign Laws under the 'One Belt, One Road' Strategy was held at South China Normal University. During the meeting, the East China University of Political Science and Law, the Foreign Law Identification Center and the Guangzhou Maritime Court, and Shanghai The courts in Ningbo, Hangzhou and other places have signed a foreign law identification cooperation agreement and have begun to perform. This year, the court has been entrusted by the court to take over the foreign law investigation of more than a dozen foreign-related cases, and one of them has also been selected into the 2012-2016 Shanghai Court. Foreign-related, Hong Kong, Macao and Taiwan commercial trial white papers and ten typical cases. Second, the introduction of the frontier issues of the international private law year. Professor Du mainly introduced the frontier issues related to China's Belt and Road Initiative: in the EU private international law, mainly including the revision of EU private international law and US conflict law; the impact of Brexit on EU private international law; EU document delivery regulations The revision of the European Court of Justice on typical jurisprudence of private international law. In the US conflict law, it mainly includes the important achievements of the fourth US "Restatement of the Foreign Relations Law".

 

He Qisheng (Professor, Institute of International Law, Wuhan University / Member of the International Civil Litigation Research Committee): Professor He Qisheng made the "International Work Report of the International Civil Litigation Research Committee" at the meeting. In the past year, the committee has organized related activities to help China join the theme of the Hague Decertification Convention. The first is the “Great National Judicial Forum” held at the Shanghai University of Political Science and Law from April 14 to 15, 2017. During the forum, scholars discussed the issue of China's accession to the Hague Convention on De-certification and provided favorable support for China's accession to the Convention. The second is a column. It is worth pointing out that in the early days, the research on the “Certification Convention” and the necessity and feasibility of China's accession to the Convention were bleak, and this time, some in-depth research results were produced. The third is the results of think tanks. In the past year, the committee published articles on simplifying consular certification, reducing personnel exchanges and trade barriers through the Xinhua News Agency. During the National Committee of the Chinese People's Political Consultative Conference, it also submitted China’s accession to the Convention on the Elimination of Certification. The letter received a positive response from the Ministry of Foreign Affairs. The fourth is Professor He Qisheng's "The Judicial Concept of the Great Powers and the Development of the International Civil Litigation System" ("Chinese Social Science", No. 5, 2017) and Professor Liu Jingdong's "The Judicial of the Great Power: Reconstruction of China's International Civil Litigation System" (" Law, No. 7 (2016), provides many in-depth suggestions for promoting China's international civil litigation reform from the strategic, methodological and institutional levels. After three years of construction, the International Civil Litigation Special Research Committee has a certain strength, and there are a large number of experts and young talents. I hope that in the future, under the circumstances of sufficient funds, we will conduct an international dialogue, introduce the development of China's foreign-related rule of law, and actively participate in the formulation of international rules.

 

Du Huanfang (Professor of Law School of Renmin University of China / Member of the Special Research Committee of Private International Law Teaching): Professor Du is working on the “Work Report of the 2017 Private International Law Teaching Committee”. The report introduces the teaching of private international law from four aspects. First, there are few research results in international private law teaching. The papers on the teaching of private international law are based on the theme of "international private law teaching", 53 articles from 1957 to 2017, and a total of 31 articles on "international private law teaching"; "Teaching" is a full-text statistic, a total of 470 articles, the vast majority of which are mentioned in related research, and there are still few studies devoted to and published. Second, a core and second core curriculum. This year, the Ministry of Education’s Law Teaching Steering Committee has identified public international law as a core curriculum, with private international law and international economic law as the second core curriculum. For private international law, it is necessary to expand the knowledge content of students through elective courses. Third, the dual integration of knowledge teaching and practical teaching. Realize the combination of theory and practice by writing excellent cases and introducing excellent teaching resources in the legal department. Fourth, the model course. Mr. Dai Xia’s MOOC will be dedicated to the demonstration teaching and curriculum demonstration sessions at the 4th International Private Law Teaching Seminar held at the Shanghai University of Political Science and Law on November 4-5. Teachers and students are welcome to participate.

 

Tu Guangjian (Professor of the Law School of the University of Macau/Member of the Inter-Regional Conflict Law Research Committee): Prof. Tu is the “Annual Report on the Special Study on Inter-Regional Conflict Law”. Last year, the committee held the third symposium at the Law School of the University of Macau. It was attended by many scholars and practitioners from Fudan University, East China University of Political Science and Law, and Hong Kong University. Through the analysis of the content of the meeting, Professor Tu summarized the following six key issues: First, whether the evidence obtained outside the domain must be fair or certified. For evidence that does not fall within the scope of the Hague Forensics Convention and the Hague Forensics Certification Convention, systematic research should be conducted; second, whether lawyers and parties can obtain evidence outside the territory. The Supreme People's Court's 2011 investigation and evidence collection for Hong Kong, Macao and Taiwan and the 2013 Hong Kong investigation and evidence collection notices all seem to show a relatively modest attitude. Professor Tu believes that it is possible to distinguish between foreign law objections and anticipation. And the Supreme People's Court gives the answer; third, whether the evidence acquisition needs to meet the "association" and "necessity" standards. Fourth, mandatory or selective application of the above two conventions. The competent authorities should take measures to optimize the arrangements to improve the efficiency of evidence collection. Fifth, mainland China, Hong Kong, China and Macao, China, through the Supreme People's Court, the Hong Kong Administrative Office and the Macao Administrative Court as liaison offices. In this regard, we should follow the example of the EU and promote direct evidence collection in the three places. Sixth, we should make full use of modern science and technology to assist in inter-regional forensics.

 

Sun Changgang (Professor of Beijing Jiheng Law Firm/Foreign Marriage and Family Research Committee): Mr. Sun made a “Report on the Special Committee on Foreign Marriage and Family” at the meeting. The report is divided into three parts: first, the situation of activities in 2017. In 2017, the committee held two seminars, one was the domestic May 2017 “Foreign Investment Rights Dispute and Its Resolution” seminar, which focused on the study of foreign value arising from the listing of Chinese companies in Hong Kong and the United States. Legal issues concerning securities inheritance, division, and transfer disputes, foreign-related marriage and family disputes for large-scale insurance policies based on the purpose of wealth inheritance, and legal issues such as the structure of overseas companies for tax avoidance purposes. Another time was a seminar held in New York with the University of St. John in the United States. At the meeting, Chinese and American experts, scholars, lawyers and international students conducted extensive and in-depth exchanges and discussions, and achieved many representative results. Second, the outcome of the thematic committee. The committee compiled the results of the 2015-2017 seminar into a book, published by the China Law Press, titled "China's Foreign-related Family Law Law" (first series), and plans to compile and publish a series of relevant issues every two years. Results. Third, the planning of 2018. The 2018 plan is to continue to hold related seminars. Based on the successful overseas seminars, the committee plans to hold seminars in Europe and along the “Belt and Road” countries to provide cross-border exchange opportunities and invite guests to the conference.

 

Tong Yao (Princess of Shanghai Maritime University / Member of the Special Research Committee of Maritime International Private Law): He reported on the work of the Maritime International Private Law Research Committee. This year, the Special Committee Fund cooperates with the Institute's work, under the leadership of the Society, holds academic exchange activities, conducts research on topics, edits and publishes academic monographs, and provides professional consultation advice to relevant departments to achieve certain work results: First, Since the establishment of the special committee in November 2016, a total of five academic exchanges have been held, and the conference papers have been compiled into a book. The conference summary and conference briefing preparation work have been completed. Based on the expert opinions, the practical guiding significance has been formed. Results report. Second, the Special Committee has also achieved fruitful research results this year, and published related publications. It has also achieved important results in research projects. It has published many academic papers in core journals such as CSSCI, and articles written by members of the committee. He has won five national academic paper awards and achieved important results in the transformation of achievements. Third, the special highlights of the special committee include the timely creation of the maritime international private law research WeChat public number, the establishment of the China Maritime Law Education Alliance, and the strong support of the special committee, the Chinese arbitration law research formally approved the establishment of maritime affairs. Arbitration Research Center. Fourth, in the future, the special committee will further strengthen the communication and exchange of the maritime law maritime international private law theory circles, track the frontier dynamics of national legislation and practice, and encourage and guide members to explore academic innovation.

 

 

Afternoon, September 23, 2017 Hubei Province, Wuhan

 

Closing ceremony

 

 

On the afternoon of September 23, the “International Conference on Private International Law and China Society of Private International Law 2017 Annual Meeting” jointly organized by the Ministry of Foreign Affairs and the China Institute of Private International Law came to an end in Wuhan Hongshan Hotel. The closing ceremony was presided over by Professor Guo Yujun, Vice President and Secretary General of the China Institute of Private International Law. Professor Huang Jin, President of the China Institute of Private International Law, and Professor Xu Guojian, Vice President of the China Institute of Private International Law, attended the ceremony.

 

At the closing ceremony, Professor Guo Yujun, the vice president and secretary of the Society, announced the award of the "Outstanding Academic Achievement Award of China's Private International Law". Professor Chen Weizuo of Tsinghua University and Zhang Wenliang of Renmin University of China won the first prize, and Liu Yuanyuan and other eight won the second prize. The list of winning works has been published online. At the same time, Hua Qian’s “Application of Marriage Real Estate Law under the Vision of Gender” won the second prize of “Outstanding Achievement Award for Foreign Marriage and Family”.

 

After the awarding ceremony, Professor Guo Yujun gave a brief explanation on the adjustment of the vice president and the election of the director. In the adjustment of the vice president, due to work changes, the Ministry of Foreign Affairs proposed to remove the post of Vice President Sun Ang, and to elect the Deputy Director of the Department of Foreign Affairs and Law, Guo Xiaomei, as the vice president of the Institute. On September 21, 2017, the Standing Committee agreed to decide to add Comrade Guo Xiaomei as the vice president of the Society. At the same time, the Standing Council decided to increase the number of 21 people including Wan Hao as members of the Institute.

 

Subsequently, Professor Xu Guojian, Distinguished Dean of the School of International Law of Shanghai University of Political Science and Law, Associate Professor Hu Shien and Associate Dean of Ningxia University School of Political Science and Law, Associate Professor Zhang Chi, Associate Dean of the School of International Law of China University of Political Science and Law, Professor Huo Zhengxin, and Professor Xu Peng of the Department of International Private Law of Southwest University of Political Science and Law respectively represented The Shanghai University of Political Science and Law, the School of Political Science and Law of Ningxia University, the School of International Law of China University of Political Science and Law and the Southwest University of Political Science and Law have made wonderful presentations for the bid to host the 2018 annual meeting.

 

In the final part of the closing ceremony, Prof. Huang Jin, President of the Society, delivered a summary speech at the annual meeting. Professor Huang Jin spoke highly of the 2017 International Conference of Private International Law and the China International Private Law Society. Professor Huang Jin pointed out that the annual meeting conducted in-depth exchanges and research on the frontier issues of private international law, and demonstrated the development status, potential and achievements of China's private international law scholars, and became a home diplomacy in the field of private international law. Professor Huang Jin believes that this year's International Conference on Private International Law witnessed the growth of young international private law scholars, proving that the successor of China's private international law field reflects the prosperity of China's private international law research. Professor Huang Jin combined with the spirit of the important speech of General Secretary Xi in the China University of Political Science and Law, and made some corrections to the shortcomings in the subject classification, curriculum teaching and academic research in the field of private international law, and proposed corresponding improvement measures. Finally, he hopes that the next annual meeting will continue to make contributions to the development of world private international law.