On May 5th, the seminar on “Accelerating the Construction of China's Economic and Trade Legal System under the Free Trade Area Strategy” was held in the conference room of Hongshan Hotel, Wuhan, Hubei Province. The seminar was being held with the topics such as “Chinese Trade and Investment Agreement” , “Chinese Foreign Trade and Economic Cooperation”, "free trade pilot zone and institutional innovation", and the "multiple solution mechanism for international commercial disputes". The national high-end think tank Wuhan University Institute of International Law, Wuhan University accelerates the implementation of the free trade zone strategy of China's economy and trade. The academic team of young scholars was invited to invite academic researchers from all major universities across the country, as well as free trade zone research experts, free trade zone managers and professional lawyers to conduct academic dialogues. The conference was over 40 people.
Professor Xie Shisong from Sun Yat-sen University School of Law gave an opening speech. He eagerly introduced his historical relationship with Wuhan University and recalled his experience and life experience in Wuhan University in detail. "Accelerating the implementation of China's economic and trade legal system under the strategy of free trade zone" is an important meeting hosted by the Institute of International Law of Wuhan University, the only high-level think tank in China. He is very happy to participate in and preside over this meeting. The meeting was a complete success.
The seminar has four topics, and 15 speakers from different universities and different fields made keynote speeches. Each topic is arranged with a free discussion session, and the participating experts and scholars have fully commented and summarized.
In the discussion of the first issue “China and Trade and Investment Agreement”, Professor Du Tao from the School of International Law of East China University of Political Science and Law took the lead in speaking. The core content of his speech was to discuss the impact of China’s accession to the Hague Convention on the Elimination of Certification on international trade. First of all, he introduced the history and current status of consular certification in international trade and the cancellation of consular certification in international trade, and affirmed the efforts of the League of Nations and the World Trade Organization to cancel consular certification in international trade. Secondly, it focuses on the impact of China's accession to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents and its impact on Chinese domestic law. Finally, he analyzed the necessity and feasibility of China's accession to the Convention on the Elimination of Certification and the cancellation of consular certification in international trade, and put forward relevant suggestions for improvement.
Professor Song Jie, deputy dean of the School of Law of Zhejiang Gongshang University, gave a speech entitled “Application of the China-Laos Investment Agreement in Macao”. Professor Song Jie took the “Sanum Company v. Lao Case” as the entry point and conducted the judgment of the Singapore Court of Appeal. Research and commentary. First, he gave an overview of the basis and reasons for the judgment of the Singapore Court of Appeal, providing the necessary basis for later comments. He then analyzed and commented on the appeal decision. In the comments section, he pointed out that the Singapore Court of Appeal had a series of errors in the details, technical and theoretical application of the judgment. Finally, he made a proper summary of the case and made relevant recommendations on this basis.
Professor Liu Wei from the Institute of International Law of Wuhan University gave a speech entitled “Study on the Counter-Request Rules of Host Countries in International Investment Dispute Resolution”. First, she gave a brief background to the anti-request rules in the international investment dispute settlement mechanism. The pros and cons of the counter-request rules were analyzed. Secondly, she conducted a legal analysis of the anti-request rules in the international dispute settlement, and analyzed the constituent elements of the appropriate anti-request. Based on the above analysis, she proposed the existence of existing anti-request rules in international investment dispute settlement. Finally, from the perspective of China, she proposed the perfection of the anti-request rules in the China International Investment Treaty System.
Associate Professor Ye Bo from the WTO College of Shanghai University of International Business and Economics discussed the Regional Comprehensive Economic Partnership Agreement. First, he introduced the main rules of the Regional Comprehensive Economic Partnership Agreement, covering trade in goods, trade in services, emerging state-owned enterprises and competition. Issues, and compare and analyze RCEP rules with TPP rules. In the context of the TPP failure, Professor Ye also pointed out the possible impact of RCEP, which is reflected in market access, geopolitics and the status and role of ASEAN countries in RCEP. In the end, he believes that China should lead RCEP negotiations. To ensure the development of their own interests while providing appropriate public goods to the international community, and further enhance China's right to speak in the field of international economic and trade rules.
In the free discussion session after the first topic was finished, the host, Professor Xie Shisong, first commented on the speeches of the above four scholars. To Professor Du Tao's speech, he proposed the concept of commercial certification and consular certification and whether the certification is notarized or certified. Regarding the speech of Professor Song Jie, he believes that according to the title of the thesis, it should be related to the territorial applicable clauses. In fact, the paper deals mainly with other issues concerning the application of the treaty. On the speech of Professor Liu Wei, he commented that in the process of investment dispute settlement, investors must make a request to exhaust the other remedies. Therefore, the so-called a large number of abuse of the right of action in the paper is real, and there is excess capacity in China. Under the background of excess and “One Belt, One Road”, it is helpful to raise the issue of counter-request rules to improve China's investment environment and foreign investment environment. On the speech of Associate Professor Ye Bo, he reminded that RCEP can only be considered as worthy of introduction. Because of the change of US policy orientation, we can study more deeply. Although ASEAN is not as close as the EU, it cannot be said to be “fragmented” and ASEAN is very important. Professor Liu Wei also raised questions about Professor Du Tao’s speech. The international treaty mentioned by Professor Du Tao is preferred. Is there any counterexample? How do the civil and commercial fields view the relationship between domestic law and international law? Professor Du Tao responded. He believes that the General Principles of Civil Law does not stipulate international treaties. The priority application of international practices is because of the great controversy. In the field of civil and commercial affairs, international treaties must not be a priority. Professor Song Jie added a speech. He believes that this issue requires specific analysis of specific issues. It depends on the specific situation. In the case of private law, it depends on whether the parties have applied. Professor Xie Shisong has different opinions on this issue. He believes that in the case of public law, we cannot give priority to the Convention for national security and can assume international responsibility. In the field of civil and commercial affairs, international treaties can be given priority.
In the second topic, "Improvement of China's Foreign-related Economic and Trade Legal System," Professor Luo Guoqiang from Wuhan University's "Specially Appointed Professor" spoke first. The topic he discussed was the codification path of China's foreign investment law. First of all, he systematically deconstructed the current foreign investment law in China. He believed that the development trend of codification is the path for the further development and improvement of China's foreign investment law. It should take the "monorail system" as the long-term goal and implement the "distributed dual-track system" to the "law." The transformation of the typical dual-track system and the necessity and possibility of this development mode choice. Finally, he proposed the legislative thinking of the Uniform Foreign Investment Law and the theoretical framework of the Foreign Investment Code, and discussed and studied the legalization path of the Chinese foreign investment law in detail.
The special researcher of the Institute of Free Economic Zone of Tianjin Normal University and Professor He Zuqing of Nankai University discussed the topics related to the construction of the “Belt and Road” and the international practice of letters of credit. He briefly introduced the summary of the letter of credit. The development process, definition, and business process of the letter of credit, then introduced the hot issues of the international practice of letters of credit, including bills of exchange, negotiation, questions about Article 35 of UCP600, and rules for the application of standby letters of credit. Finally, he introduced some highlights of the judicial interpretation of the independent guarantee, and discussed the relevant issues under the letter of credit to the participants in the form of cases.
Associate Professor Liang Wenwen from the Institute of International Law of Wuhan University gave a speech entitled “China and the Hague Securities Convention”. First, she introduced China’s paperless holding securities system. Secondly, she introduced the application of the Hague Securities Convention and related to the Convention. The rules and the rights of the holders of securities have introduced and discussed the relevant rules of the convention in detail, and finally discussed the impact on the relevant legal systems in China.
Finally, Dr. Han Yiqian of the China Center for Rule of Law Strategy Research at East China University of Political Science and Law brought his sharing of research results on the international development and legislative dynamics of digital trade. First of all, through the combing of the development of digital trade, he pointed out that China's e-commerce development is entering a new stage of intensive innovation and rapid expansion. Secondly, he explored the international legal system of digital trade, including the formulation of relevant rules concerning digital trade at the WTO level, bilateral trade level, and multilateral trade being negotiated. And then from the perspective of the United States and the European Union, through the study of the United States and the European Union on e-commerce and digital trade legislation, predict the possibility that their existing relevant rules become multilateral rules. Finally, he talked about the shaping of China and the future digital trade rules, and put forward constructive opinions.
At the end of the second issue, participants in the free discussion session continued to discuss the topic in depth. First of all, Professor Xie Shisong made several suggestions to Professor Luo Guoqiang. First, he believed that Professor Luo Guoqiang did not emphasize the necessity of codification when he talked about codification. Second, he talked about the issue of national treatment and pointed out that under the current circumstances, we The discussion should not only be about national treatment or super national treatment, but at what stage the national treatment should be given. Secondly, Professor Xie Shisong also raised some questions about the speech of Professor He Zuqing. He believes that if we stand in the position of our national commercial bank, whether the bank can withstand such a large risk is worthy of our consideration. Professor Liu Wei discussed the different ways of handling the international interpretation of the judicial interpretation of the letter of credit and the judicial interpretation of the letter of guarantee and the Hezuqing Research Institute. It is concluded that the different treatments are based on the difference between the source of the letter of credit and the letter of guarantee, and These two judicial interpretations are highly valued.
At the beginning of the third issue, Professor Chu Beiping, Dean of Dalian Maritime University Law School, took the lead in speaking. He discussed the breakthrough path of the free trade zone arbitration system based on the predicament of arbitration clauses. First of all, he introduced the dilemma caused by the judgment of the arbitration clause, and proposed the law application of the arbitration clause in international commercial arbitration and the legislation and practice of the law applicable to the foreign arbitration clause under Chinese law. Secondly, he discussed the conflict between the ad hoc arbitration mechanism of the free trade zone and the Arbitration Law. Finally, he put forward some ideas on the arbitration system of the free trade zone, including the "dual track system" of the free trade zone arbitration system and the Standing Committee of the National People's Congress. The feasibility of the interpretation of the Arbitration Law and the design of the provisional arbitration system in the Free Trade Zone.
Professor Xue Yuan from the School of Law of the University of International Business and Economics discussed the issue of party autonomy in commercial arbitration in the context of the Pilot Free Trade Zone. First of all, she believes that China's domestic arbitration law has more restrictions on party autonomy, and the Supreme People's Court's "Judicial Security Opinions" has brought about an opportunity to break through the autonomy of commercial arbitration parties in the Pilot Free Trade Zone, and the expansion of foreign-related factors. The scope of the parties who can choose the extraterritorial arbitration has been expanded, and the introduction of the ad hoc arbitration model has also provided the parties with more choices of arbitration mode. Then she proposed that in the context of the Pilot Free Trade Zone, the autonomy of parties to commercial arbitration can be further expanded, and the criteria for identification of foreign factors should be further relaxed. The arbitration of overseas arbitration institutions in the Pilot Free Trade Zone should be recognized. At the same time, she also believes that the provisional arbitration requires the assistance of the organization, and the arbitrators also need to strengthen self-discipline in order to achieve the autonomy of the parties.
Xia Huaqiang, deputy director of the Administrative Services Bureau of Wuhan East Lake New Technology Development Zone, discussed the innovation of China's free trade pilot zone and local government system. First of all, he talked about the initial practice of the Pilot Free Trade Zone in China, and concluded that the core of the construction of the Pilot Free Trade Zone is institutional innovation. Then he analyzes the reasons for the system innovation in the existing free trade pilot zone. Exploring and expounding that the government can re-integrate its functions, divide its responsibilities, and reset resources through its own institutional innovation, can reconstruct the logic of the relationship between government departments and economic and social affairs, stimulate the enthusiasm and creativity of reform and innovation, and promote the modernization of government governance capabilities.
Finally, Dr. Wang Peng from the School of Law of Xi'an Jiaotong University gave a speech entitled “The Path of Domestic Free Trade Zones Connecting International Economic and Trade Rules: Taking Shaanxi Free Trade Zone as an Example”. Taking the construction of Shaanxi Free Trade Zone as an example, he first discussed the path of domestic free trade area to dock international economic and trade rules, and defined the key areas, key rules and overall working mechanism in the process of legalization, internationalization and facilitation of domestic free trade zones. .
In the free discussion session after this topic, Professor Xie Shisong asked the speech of Director Xia Huaqiang about the future direction of the free trade zone. Director Xia Huaqiang responded that the direction to be broken in the future should be an internal social management. The reform of the system and economic management system, but the construction of the free trade zone itself cannot assume the responsibility of political system reform.
The fourth topic, “Multiple Resolution Mechanism for International Commercial Disputes” began. Chen Li, a professor at Fudan University Law School, discussed the validity of the arbitration agreement submitted to foreign arbitration institutions without disputes involving foreign factors. First, she was effective in arbitration arbitration agreement and judicial interpretation. The relevant provisions of sex were introduced. Secondly, from the perspective of judicial practice in China, the guiding opinions of local courts, and relevant legal basis, she discusses the viewpoint that the arbitration agreement submitted to foreign arbitration institutions is invalid without foreign factors. Finally, she analyzes and discusses the judgment of the jurisdictional stage of the arbitration agreement submitted to the overseas arbitration institution without disputes involving foreign factors and the execution stage of the award.
Dr. Zhu Lei from the Institute of International Law of Wuhan University gave a speech entitled “Recognition of Singapore's First Vision for the Recognition and Enforcement of Court Decisions in China”. He first conducted an empirical study on Singapore's judgment recognition and enforcement system. The key reason for revealing Singapore's first confession and implementation of China's judgment is that the country's judgment recognition and enforcement is based on debt theory rather than reciprocity. premise. He suggested that China can follow the principle of reciprocity, and the country that claims debt collection can apply the principle of first-rate benefit and recognize and enforce its judgment. Furthermore, he rethinks the principle of factual reciprocity in our country and suggests that China change the practice of factual reciprocity as the sole criterion for judging the establishment of reciprocity, expand the interpretation of the principle of reciprocity, and make the reciprocity of law and the reciprocity of reciprocity as one of the mutually beneficial situations.
Finally, the director of Hubei Jinwei Law Firm and the head of the “Conciliation Network”, Ms. Gong, made a speech entitled “China’s Provisional Arbitration in the Background of Diversified Dispute Resolution Mechanism”. First, he introduced the background of China’s provisional arbitration. The current situation is that the establishment of a temporary arbitration system is a concrete practice for implementing the relevant policies of the central government to improve the diversified solution mechanism for contradictions and disputes. At the same time, establishing a temporary arbitration system is also a realistic need to enhance the international competitiveness and credibility of China's dispute resolution mechanism. Secondly, he analyzed the possible impact of the Supreme People's Court's Opinions on Providing Judicial Protection for the Construction of Free Trade Zones on December 30, 2016. He believes that institutional arbitration and ad hoc arbitration will be misplaced. At the same time, overseas arbitration institutions and domestic arbitration institutions will also compete in full competition, and domestic arbitration institutions will intensify competition and accelerate differentiation. Finally, he believes that temporary arbitration will rise rapidly in specific business areas.
After the fourth issue, Prof. Xie Shisong gave a speech to Mr. Zhu Lei. He believes that in addition to factual reciprocity, there is no precedent for determining that reciprocity should have at least two aspects of the criteria: First, there is no opposite to each other. The case, the second is whether it has the same conditions; Professor Xie Shisong also put forward some views on Professor Chen Li’s speech. He believes that the nature of the right to arbitrate, the reason why China’s legislation is so stipulated may be to prevent parties from evading China. Its jurisdiction.
Finally, Professor Liu Wei summarized the seminar on “Establishing China's Economic and Trade Legal System under the Strategy of Free Trade Zone Implementation” and congratulated the meeting on its successful completion. The basic situation of the academic team "accelerating the implementation of China's economic and trade legal system under the free trade zone strategy" was introduced. It is also expected that the participating scholars and teams will reach more exchanges and cooperation to jointly promote China's free trade zone research. It is reported that the youth academic team of the "Free Trade Zone and China's Economic and Trade Legal System" consists of five members. The person in charge is Professor Liu Wei of the Institute of International Law and Law School of Wuhan University, and Professor Luo Guoqiang, Associate Professor Xie Wei, Associate Professor Liang Wenwen, Zhu Lei. The lecturer has four team members. The team consists of two first-level disciplines, including law and economics. Among them, Associate Professor Xie Wei has long been engaged in economic research on international trade and investment, while other members are mainly engaged in international law research. All members have a Ph.D. Liang Wenwen and Zhu Lei are doctors in famous universities in the UK. The team mainly focuses on the trade investment agreements signed by China and the research on China's foreign trade legal system. The core members of the team are Liu Wei, Luo Guoqiang, Liang Wenwen and Zhu Lei, all of whom are researchers in international high-end think tanks. The team's research is in academic norms and cutting-edge. At the same time, it also pays attention to the pragmatic orientation of setting up a think tank and providing advice and suggestions for the country and its various functional departments. The team research thus presents the characteristics of cross-disciplinary, international and domestic simultaneous deep cultivation, theoretical research and service to the government.
