December 16,The 2023 Shandong Provincial bet365 live casino and sports betting Society Civil and Commercial bet365 live casino and sports betting Research Association Annual Meeting was held in Jinan。The theme of the conference is "Theoretical Development and Practical Innovation of Civil and Commercial bet365 live casino and sports betting in the Process of Chinese Modernization",Sponsored by the Civil and Commercial bet365 live casino and sports betting Research Association of Shandong bet365 live casino and sports betting Society,Hosted by the Civil and Commercial bet365 live casino and sports betting School of Shandong University of Political Science and bet365 live casino and sports betting,Shandong Chuyu bet365 live casino and sports betting Firm、Co-organized by Beijing King & Wood Mallesons (Jinan) bet365 live casino and sports betting Firm。The meeting was held with the support and care of all leaders,With the joint support of all participants,Successfully completed all meeting agendas。
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The opening ceremony was held on the morning of December 16th,Presided over by Chen Zhigang, Dean of the Civil and Commercial bet365 live casino and sports betting School of Shandong University of Political Science and bet365 live casino and sports betting,And on behalf of the Civil and Commercial bet365 live casino and sports betting School of Shandong University of Political Science and bet365 live casino and sports betting, I would like to express my gratitude to all the leaders attending the meeting、Welcoming guests and participants。
Dou Yanrui, Vice President of Shandong University of Political Science and bet365 live casino and sports betting, attended the opening ceremony and delivered a welcome speech。President Dou Yanrui, on behalf of Shandong University of Political Science and bet365 live casino and sports betting, expressed sincere welcome and thanks to all the guests present,Introduced the special courses and training programs of Shandong University of Political Science and bet365 live casino and sports betting to the guests,At the same time, it is emphasized that academic research on Chinese-style rule of bet365 live casino and sports betting modernization should be based on the pattern and background of comprehensively building a socialist modern country,Implement the guiding role of Xi Jinping’s thought on the rule of bet365 live casino and sports betting,Taking the characteristics of Chinese modernization as a research perspective,Taking integrity and innovation as the research paradigm,Focus on the close integration of theory and practice。Last,He wished all participants to have in-depth discussions and exchanges at this meeting。
Zhang Shu, a third-level researcher from the Research Department of Shandong bet365 live casino and sports betting Society, delivers a speech。Director Zhang Shu made a report on the research results of the bet365 live casino and sports betting Society to all participants。She pointed out,Shandong bet365 live casino and sports betting Society is determined to forge ahead、Work hard,In-depth implementation of Xi Jinping’s Thought on the Rule of bet365 live casino and sports betting,Focus on applying research results into practice to help leaders make decisions,Highly recognized and affirmed by the leaders of the Provincial bet365 live casino and sports betting Society,Made outstanding contributions to the development of civil and commercial bet365 live casino and sports betting in Shandong Province。Director Zhang Shu said that he will continue to contribute wisdom and strength to provincial civil and commercial bet365 live casino and sports betting research in the future。
Yang Zhengfang, Director of Shandong Chuyu bet365 live casino and sports betting Firm, delivers a speech。Yang Zhengfang talked about the rule of bet365 live casino and sports betting as an important part of Chinese modernization,We must comprehensively build a modern socialist country on the track of the rule of bet365 live casino and sports betting,The Civil Code is an important milestone in the construction of China’s rule of bet365 live casino and sports betting,We must focus on strengthening the supporting role of civil and commercial bet365 live casino and sports betting in the entire rule of bet365 live casino and sports betting system,Focus on the combination of legal theoretical research and practice,Constructing the concept of civil and commercial rule of bet365 live casino and sports betting,Provide quality services to customers,Contribute to the construction of the rule of bet365 live casino and sports betting。
Speech by Ren Zhanjiang, head of Beijing King & Wood Mallesons (Jinan) bet365 live casino and sports betting Firm。Director Ren Zhanjiang first extended his sincere greetings and congratulations to all the guests as co-organizer,He expressed that he was very honored to participate in the annual meeting of the Civil and Commercial bet365 live casino and sports betting Research Association of Shandong bet365 live casino and sports betting Society,I will continue to be passionate about my work in the future,Continuously adding luster to the cause of bet365 live casino and sports betting,Contribute to society with the wisdom and power of bet365 live casino and sports betting,Adhere to the pursuit of the rule of bet365 live casino and sports betting,Wishing you a prosperous New Year,Greater achievements in the future。
President of the Civil and Commercial Law Research Association of Shandong Law Society、bet365 app Professor Zhang Haiyan delivers a speech。Professor Zhang Haiyan first expressed her gratitude on behalf of the research association,Thank you from all walks of life for your strong support to the Civil and Commercial Law Society,Provides many development spaces and opportunities,bet365 live casino and sports bettingEnable scholars to play a constructive role。She thinks,The overall content of this annual meeting mainly reflects the "combination of micro and macro"、"The combination of entities and procedures" and "the combination of theory and practice",and pointed out,Theoretical achievements must serve practice,Make theory and practice move forward together。
Unit 1: Keynote Speech
This unit is hosted by Professor Zhang Haiyan, President of the Civil and Commercial bet365 live casino and sports betting Research Association of Shandong bet365 live casino and sports betting Society。
The first speaker is a professor from Tsinghua University、Zhang Weiping, Distinguished Professor of Yellow Sea Scholars at Yantai University。Professor Zhang Weiping gave a report entitled "Same Case, Same Case or Judgment in accordance with the bet365 live casino and sports betting - Thoughts Based on the Legal System",He pointed out that the phenomenon of equating same cases and judicial fairness in social consciousness and judicial consciousness deserves to be discussed。Zhang Weiping thinks,The adjudication process and results of guiding cases should be referred to,And agree that each judge’s method and result are different,At the same time, establish a mechanism to promote judges’ continuous professional learning。He thinks,Same verdict in the same case and judicial impartiality are not the same relationship,Advocates to abolish the mandatory requirement of same case and same sentence in judicial administration。
The second speaker is a professor from Shandong University、Wang Liping, President of the Marriage bet365 live casino and sports betting Research Association of Shandong bet365 live casino and sports betting Society。Wang Liping gave a report entitled "Change and Invariance: Marriage and Family from a Systematic Perspective",Point out,Reflect on the impact of existing policies and regulations on marriage and family,Thinking about specific issues in the application of marriage and family bet365 live casino and sports betting,Research on how to implement the general provisions on marriage and family,includes custody issues、The application of civil legal acts in marriage and family bet365 live casino and sports betting、The relationship between agency system and family agency、Real estate registration and the relationship between real estate agreements and court decisions in divorce, etc.。In terms of methodology,Wang Liping believes that system explanation is particularly important in the context of systemization。
The third speaker is a professor from Shandong University、Zhang Pinghua, Vice President of the Civil and Commercial bet365 live casino and sports betting Research Association of Shandong bet365 live casino and sports betting Society。Zhang Pinghua gave a report entitled "Several Issues Concerning the Judicial Interpretation of the General Principles of Contracts of the Civil Code",He pointed out the need to sort out the characteristics of judicial interpretation in the post-Civil Code era,When it comes to the general provisions of contracts, some judicial interpretations have a large number of provisions、Complete system、Rich content,And the writing pays attention to guiding and restraining the referee、Embodying the characteristics of penetrating trial concepts and thinking。Zhang Pinghua also pointed out the negative consequences of judicial interpretations、Issues such as misuse of terminology,Also mentioned that we should be highly vigilant about the civil legalization of economic terms。
Unit 2
This unit is led by the former first-level researcher of the Propaganda Department of Shandong bet365 live casino and sports betting Society、Presided over by Wu Yan, former deputy editor-in-chief of "Legal Forum"。
The first speaker is a professor at Shandong University (Weihai) bet365 live casino and sports betting School、Liu Jingjing, Vice President of the Civil and Commercial bet365 live casino and sports betting Research Association of Shandong bet365 live casino and sports betting Society。Liu Jingjing gave a report entitled "On the Interpretation of Rules on Changes in Property Rights Based on Bequests—Also on the Position and Method of Civil bet365 live casino and sports betting Interpretation"。Liu Jingjing pointed out the importance of exploring the nature and tendency of disputes over changes in property rights,Considers that the nature of this issue is mainly a question of value rather than factual judgment,Focus on the analysis of the differences between the "integration theory" and the "differentiation theory" as well as the interpretive stance from the perspective of the Civil Code。
The second speaker is Lin Jialin, a doctoral candidate at Tianjin University bet365 live casino and sports betting School,Made a report entitled "Comparison of Constitutional Rights and Civil Rights from the Perspective of Separation of Public and Private Affairs"。Lin Jialin from the breadth and type of rights、The concept and value of rights、The functions and effects of rights、Compare and analyze constitutional rights and civil bet365 live casino and sports betting rights from four aspects: the intensity of protection of rights and the limitations of application。
The third speaker is Xue Qiming, lecturer at Shandong Normal University bet365 live casino and sports betting School。Xue Qiming gave a report titled "On the Avoidance Obligation of Controlling Shareholders' Business Intervention Based on Gambling" through online participation,From legal practical issues as the starting point,Discuss existing theoretical and practical perspectives on gambling agreements,And by drawing on the legal ideas of Anglo-American bet365 live casino and sports betting on the fiduciary obligations of controlling shareholders,Discuss the regulatory path for the business intervention behavior of gambling investors。
The speaker is Sun Ximing, assistant researcher at bet365 app。Sun Ximing first combined the German Civil Code,Explained his own views on the issue of property rights changes caused by bequests raised by Liu Jingjing。Then,Sun Ximing pointed out the arguments and logical doubts in Lin Jialin’s paper,Raising issues such Bet365 Online Live Dealeras the relatively old cited documents,Last,Sun Ximing’s report on Xue Qiming pointed out whether there is a paradox of obligation under certain circumstances and whether it leads to the consequences of rights abuse。
Unit 3
This unit is taught by associate professor of bet365app、Presided over by Yu Yongning, Vice President and Secretary General of the Civil and Commercial bet365 live casino and sports betting Research Society of Shandong bet365 live casino and sports betting Society。
The first speaker is the Dean of the bet365 live casino and sports betting School of Qingdao University of Science and Technology、Professor,Wang Jintang, Vice President of the Civil and Commercial bet365 live casino and sports betting Research Association of Shandong bet365 live casino and sports betting Society。Wang Jintang participated in the meeting online with the topic of "Pros and Cons of the Legislation of the "Separation of Three Powers" for Agricultural Land and Its Legal Thoughts",From four aspects including the three changes in my country’s land、Implement three goals including collective ownership,Comprehensive evaluation of the policy and legal results of the "separation of three rights" in agricultural land,Consider the legality of the "separation of three powers"、In-depth reflection on the legal principles of deepening system reform。
The second speaker is the deputy dean of Yantai University bet365 live casino and sports betting School、Professor Zhang Yudong。Zhang Yudong gave a report entitled "Preliminary Thoughts on the Applicable Conditions of "Benefit Deprivation"" through online participation,Take Article 1182 of the Civil Code as the object of analysis,Two-way advancement from the perspective of magic effect and function,Raise practical issues in the application of tort liability clauses,And summarized based on the overall thinking of the existing academic views。
The third speaker is Hao Liyan, associate professor at the bet365 live casino and sports betting School of Shandong Jianzhu University。Hao Liyan re-examines the province with "Back-to-back" payment terms in the construction field: Attributes、Service Classification and Quotation Restrictions" is the theme,First of all, the meaning of professional terms and upper concepts in the field of construction engineering were clarified,Secondly, clarify the legal attributes of “back-to-back” legal clauses and new theoretical results。On this basis,Hao Liyan discussed the distinction between the validity of clauses,And analyze it based on whether the "back-to-back" clause is a standard clause and how it is handled in practice。
The fourth speaker is Wang Maoxuan, associate professor at Beijing Jiaotong University bet365 live casino and sports betting School。Wang Maoxuan took the "Restatement of U.S. Consumer Contract bet365 live casino and sports betting" as an opportunity to discuss the theoretical evolution and judicial evolution of consumer standard clauses,The evolution of consumer standard clause theory in British and American legal circles、Changes in judicial practice、Compared with China’s Civil Code, there are three main lines,Introducing the extension of mainstream regulatory theories,Discussed the basic ideas and dilemmas of the Third Restatement of American Contract bet365 live casino and sports betting,This clarifies the evolution trend of consumer format terms,And put forward localization thinking。
The fifth speaker is Li Changchen, a doctoral student at Bet365 App。Li Changchen titled "Model Construction and Legal Response to Valuation and Investment of Patent Licensing Rights",From policy guidelines、The research background is introduced in three aspects: institutional arrangement and problem orientation。Li Changchen discussed the related concepts of patent licensing rights investment,Point out the necessity and feasibility of pricing investment for patent licensing rights,And suggest building a theoretical model for patent licensing rights investment,On this basis, design the system for pricing and funding of patent licensing rights。
The sixth speaker is Shi Wenjing, a doctoral candidate at Bet365 App。Shi Wenjing gave a report on "The Function and Structure of Moral Rights in Digital Relationships",Dilemma surrounding legal rights and behavior regulation paradigm、The advantages of moral rights in digital relationships、Requirements for the exercise of moral rights、The synergistic effect of moral rights and legal rights. Four parts provide an in-depth discussion of moral rights in digital relationships,And it is recommended to achieve collaborative governance of ethics and bet365 live casino and sports betting in the digital age。
The first panellist is bet365 app lecturer Qingying。Camping Thoughts,Professor Zhang Yudong’s research on benefit deprivation provides a new research idea,Promote innovation in legal theory。Analyzing whether benefit deprivation poses new challenges to traditional methods from the perspective of legal education。Secondly,Su Ying discussed the specific application issues of "back-to-back" clauses in practice based on teacher Hao Liyan's report,Discussed how to view the consistency of general contracting and subcontracting、The issue of how to determine the validity of formal and non-formal contracts。
The second panelist is the deputy dean of the School of Marxism of Linyi University、Professor Wang Lianhe。Wang Lianhe proposed to Wang Jintang that the three rights separation be divided into three rights separation of land contract management rights and three rights separation of homestead land,And express different opinions on whether some of the rights and interests in the three-power separation goal can be truly realized。At the same time,Wang Lianhe thinks,Shi Wenjing’s research ideas are sharp Bet365 lotto reviewand have practical significance,In response to the inaccurate title in the paper、Suggest corrections to problems such as incorrect questions。
The third panelist is Qu Chengwu, senior partner of Shandong Chuyu bet365 live casino and sports betting Firm。Qu Chengwu evaluates and analyzes Wang Maoxuan’s discussion on the theoretical evolution and judicial evolution of consumer standard clauses from the perspective of comparative study of Chinese and American bet365 live casino and sports betting,Clearly pointed out that the United States emphasizes consumers’ reading obligations for format clauses,my country places more emphasis on the disclosure obligations of operators。Secondly,Qu Chengwu combined legal provisions and practical analysis to correct the misunderstanding between Li Changchen’s research on patent licensing rights and the distinction between patent licensing rights and patent use rights,Statements on matters related to patent licensing rights in legal practice。
Unit 4
This unit is led by the Operation Director of Shandong Chuyu bet365 live casino and sports betting Firm、President Yang Hong, Director of Liaocheng Branch。
The first speaker is He Yan, associate professor at Yantai University bet365 live casino and sports betting School。He Yan gave a report titled "Reflections on the Legitimacy of Third-Party Litigation to Revoke Parent-Child Relationship" through online participation。He Yan pointed out,Article 1073 of the Civil Code limits the subject of the right to revoke parent-child relationship to legal parents,Provisions denying the revocation of the right of action by a third party with an interest,Violates the values of parenting and marriage and family,It is also inconsistent with the principle of fairness,The pros and cons should be weighed,Give third parties the right to sue for revocation of parent-child relationship under certain circumstances。
The second speaker is Hu Qingsong, a master’s student at Qingdao University bet365 live casino and sports betting School,With the title "On the Jurisdictional Determination of Creditor's Subrogation Action",Discussed the relevant judicial interpretations of the General Principles of Contract promulgated by the Supreme People’s Court and the partial draft for comments on the General Principles of Contract,Considers that the determination of exclusive jurisdiction should cover all legal relationships involved in subrogation actions,denied the arbitration agreement、The binding force of jurisdiction agreement on creditor lawsuits,It also affirms the right of the counterparty to apply for suspension of the right of subrogation in accordance with the court or arbitration institution stipulated in the agreement。
The third speaker is Hou Shenghe, associate researcher at Taishan Rule of bet365 live casino and sports betting Research Institute of Shandong Agricultural University。Hou Shenghe pointed out in the report "The Nature and Functional Realization of Prohibitions on Personal Rights",The prohibition on personality rights is a norm of substantive bet365 live casino and sports betting,Advocate the injunction on personality rights infringement as a way to realize the right to request personality rights,Helps coordinate the personal rights relief system,Maintain social harmony,It also helps to respond to the need for protection of personality rights in the Internet era。At the same time,Hou Shenghe also raised the issue of functional alienation such as the imbalance of interests of the respondent if the abuse of personality rights prohibition。
The fourth speaker is Zhang Mengqi, a lecturer at the Civil and Commercial bet365 live casino and sports betting School of Shandong University of Political Science and bet365 live casino and sports betting。Zhang Mengqi introduced the changes in the security right composition system for ownership retention sales in a report entitled "The Interpretation of Ownership Retention from the Perspective of Rights Competition",And believes that the design of rules for retention of title sales should not be limited to both parties,The balance of interests between the seller and third-party entities should be examined from the perspective of rights competition。Zhang Mengqi proposes to adopt a public announcement to characterize the composition of security rights and apply the security bet365 live casino and sports betting、Sequence and implementation rules。
The fifth speaker is Zhou Yu, a lecturer at Shandong University of Finance and Economics, who brought an academic report titled "Legal and Economic Analysis of Altruistic Behavior"。Reporting in progress,Zhou Yu uses vivid and rigorous models to deduce scenes,Through data analysis、Scientific calculation method leads to the conclusion that "human nature tends to be selfish",Closely integrate laws and regulations with economic principles,affirms the moral value of altruistic behavior。
The first interlocutor is Zhong Shujian, associate professor at the bet365 live casino and sports betting School of Shandong Jianzhu University。First,Zhong Shujian affirmed the inspiring effect of the third-party paternity litigation revocation rights in He Yan’s report on judicial practice,Proposed further thinking on how to define the scope of third-party entities,And believes that necessary restrictions should be placed on the third party’s right to sue for the revocation of parent-child relationship to prevent substantial damage to the original kinship。At the same time,Zhong Shujian believes that Hu Qingsong’s research on the jurisdiction of creditor subrogation lawsuits provides a new perspective for understanding new judicial interpretations,Agree with the view that the solutions proposed in the judicial interpretation are easy to implement。
The second interlocutor is Yang Lin, judge of the First Trial Supervision Division of the Higher People’s Court of Shandong Province。Yang Lin is based on judicial practice,First bet365 Play online gamesof all, highly affirm Hou Shenghe’s discussion on the nature and functional realization of personality rights prohibitions,Point out that Hou Shenghe’s research provides useful reference for the judicial situation that lacks judicial precedents on personality rights,Conducive to the formation of a complete legal system of personality rights。Secondly,Yang Lin believes that Zhang Mengqi’s research angle is novel、Professional and solid、Rigorous argumentation、Rich content、Detailed discussion,I believe that Zhang Mengqi’s explanation theory on the guarantee function can provide judges with novel judgment ideas。
The third interlocutor is Zhao Jianliang, associate professor at the bet365 live casino and sports betting School of Shandong University of Finance and Economics。Zhao Jianliang first gave a brief introduction to the article "Study on the nature of a consortium of church legal persons and its judicial protection: A concurrent comment on Article 92, Paragraph 2 of the Civil Code" written by Sun Huailiang, associate professor of the bet365 live casino and sports betting School of Qufu Normal University。Secondly,Report against Zhou Yu,Zhao Jianliang characterized "selfish" as a neutral word after value judgment,Believe that altruistic behavior may also be motivated by self-interest considerations,Same as "human nature"。
Closing Ceremony
The closing ceremony was hosted by Yu Yongning, associate professor of bet365app。Yu Yongning affirmed the theoretical research and academic achievements of the speakers at this conference,Expressed sincere gratitude to all participants。
Chen Zhigang, Dean of the Civil and Commercial bet365 live casino and sports betting School of Shandong University of Political Science and bet365 live casino and sports betting, gave a summary of the final meeting。Proposed by Chen Zhigang,This annual meeting of the Civil and Commercial bet365 live casino and sports betting Research Association closely follows the pulse of the times、Close to theoretical and practical innovation,Comprehensive content、Very successful results,Substantive and procedural bet365 live casino and sports betting、Civil and Commercial bet365 live casino and sports betting and Other Department bet365 live casino and sports betting、bet365 live casino and sports betting and other disciplines have achieved a high degree of integration in this conference,The close connection between theory and practice reflects the intersection of macro-career and micro-thinking。This conference broadened academic horizons,Inspiring research enthusiasm,Innovated legal theory,Gained precious friendship。Last,Chen Zhigang once again expressed his warm congratulations on the success of the meeting,Expressed my sincere gratitude to all participants。
Text Zhao Chenxi Jia Shiyi
Picture Liang Yiming
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