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Focus on difficult issues in the application of the Civil Code and discuss new developments in civil and commercial Bet365 Poker research - Briefing note of the 2021 annual meeting of the Civil and Commercial Bet365 Poker Research Society of the Shandong Bet365 Poker Society
Author:Release time: 2021-10-19Reading volume:

The 2021 Academic Annual Meeting of the Civil and Commercial Bet365 Poker Research Society of Shandong Bet365 Poker Society is affected by the new crown epidemic,Postponed to October 17th in Yantai,This annual meeting is hosted by the Civil and Commercial Bet365 Poker Research Association of Shandong Bet365 Poker Society,Hosted by the Bet365 Poker School of Shandong Technology and Business University,Co-organized by Shandong Qianyuan Bet365 Poker Firm。Shandong Provincial Bet365 Poker Society Civil and Commercial Bet365 Poker Research Association, with the support and care of all leaders,With the collaborative support of all participants,Successfully completed all meeting agendas。


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October 16th afternoon,Presided over by Jiang Yuanqiao, Director of the Research Department of Shandong Bet365 Poker Society,Representatives held a symposium on the "Evaluation and Management Measures of the Shandong Bet365 Poker Society Research Association (Draft for Comments)" (hereinafter referred to as the "Measures")。Representatives at the meeting discussed the purpose of the Measures、Applicable objects、Content、Feasibility、There was a lively discussion on the use of evaluation results and other aspects,Reach consensus on relevant issues。The representatives also carefully selected the 6 doctoral theses and 47 master's theses collected,Finally selected 5 first prize papers,7 second prize papers,7 third prize papers。




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The opening ceremony was held on the morning of October 17th,Nearly a hundred people attended this meeting。The annual meeting was hosted by Wu Shanxue, deputy dean of the Bet365 Poker School of Shandong Technology and Business University,On behalf of the Bet365 Poker School of Shandong Technology and Business University, to all the guests attending the meeting、Welcome to all participating representatives。


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Guo Jinchuang, deputy secretary of the Party Committee of Shandong Technology and Business University, delivered a speech。Secretary Guo gave a brief introduction to the development of Shandong Technology and Business College and Bet365 Poker School。Shandong Technology and Business University was formerly known as China Coal Economics Institute,Founded in 1985,Affiliated to the former Ministry of Coal Industry,In 1998, it was transferred to a joint venture between the central government and Shandong Province,Mainly managed by Shandong Province,renamed in 2003。After 36 years of development,The school has grown into an economic center、Management、Excellent in information science,A finance and economics university with coordinated development of multiple disciplines。Shandong Technology and Business University Bet365 Poker School,With legal studies、Two undergraduate majors: Political Science and Administration,The Bet365 Poker major is a provincial first-class undergraduate major,Starting to recruit master’s degree students in Bet365 Poker and economics since 2017,And recruiting students majoring in the second bachelor's degree in Bet365 Poker。July 26, 2021,The Master of Laws degree has been reviewed and announced by the Ministry of Education。


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Director Jiang Yuanqiao of the Research Department of Shandong Bet365 Poker Society conveyed the spirit of the Central Committee’s comprehensive work conference on governing the country by Bet365 Poker,The meeting emphasized that Xi Jinping’s thought on the rule of Bet365 Poker is rich in connotation、Profound discussion、Strict logic、Complete system,is the latest achievement of the sinicization of Marxist rule of Bet365 Poker theory,It is the fundamental compliance and action guide for comprehensively governing the country by Bet365 Poker,Has great theoretical and practical significance。


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Deputy Director of the Research Department of Shandong Bet365 Poker Society emphasized,We should fully understand the significance of establishing the guiding position of Xi Jinping’s Thought on the Rule of Bet365 Poker in comprehensively governing the country by Bet365 Poker,Comprehensively and accurately understand the core essence of Xi Jinping’s thought on the rule of Bet365 Poker、Spiritual essence and practical requirements,Strong faith in the rule of Bet365 Poker,Grasp the way forward,Achieve comprehensive understanding,Persistently arm the mind with Xi Jinping’s Thought on the Rule of Bet365 Poker、Guide to practice、Promote work。


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Speech by Zhang Haiyan, President of the Civil and Commercial Bet365 Poker Research Association of Shandong Bet365 Poker Society。The Civil Code is a civil code that plays an important role in the socialist legal system with Chinese characteristics,It is a solid foundation、Stable expectations、Basic Bet365 Poker for long-term benefits,To promote comprehensive rule of Bet365 Poker、Accelerate the construction of a socialist country under the rule of Bet365 Poker,To develop the socialist market economy、Consolidate the basic socialist economic system,To adhere to the people-centered development idea、Protect people’s rights and interests in accordance with the Bet365 Poker、Promote the development of human rights in my country,To promote the modernization of the national governance system and governance capabilities,All are of great significance。This meeting will help promote and implement the Civil Code in Shandong Bet365 sportsbook reviewProvince,The Civil and Commercial Bet365 Poker Research Institute of Shandong Bet365 Poker Society will continue to focus on strengthening political leadership,Strengthen academic research,Focus on hot spots,Continue to build brand academic activities。


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Unit 1: Keynote Speech

This unit is led by the deputy dean of bet365 app、Professor Zhang Haiyan, President of the Civil and Commercial Bet365 Poker Research Association of the Provincial Bet365 Poker Society, presided over。

The first speaker is an honorary professor of Shandong University、Professor Guo Mingrui, Honorary Dean of the Bet365 Poker School of Yantai University and Consultant of the Civil and Commercial Bet365 Poker Research Association of the Provincial Bet365 Poker Society。Professor Guo gave a keynote speech titled "Discussing the Issues of Legal Facts and Legal Concepts in the Application of Civil Code"。Professor Guo starts from specific cases,Discussed whether to participate in cultural and sports activities、The difference between the organizer’s safety assurance obligations and the willingness to take risks。Starting from the mixed guarantee rules,Discussing mixed guarantee and joint guarantee、Relationship between joint and several guarantees。Emphasis on the determination of legal facts and legal concepts as a prerequisite for the application of the Civil Code。


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The second speaker is a professor at Jilin University Bet365 Poker School、Professor of Yantai University Bet365 Poker School、Ph.D. Supervisor、Changjiang Scholar Distinguished Professor、Professor Fang Shaokun, consultant of the Civil and Commercial Bet365 Poker Research Association of the Provincial Bet365 Poker Society。Professor Fang gave a keynote speech entitled "The common type positioning of heritage"。Civil Code defines joint ownership of inheritance as joint ownership in shares、Common ownership or the third form of unknown ownership,There are no detailed provisions in our country’s laws。Professor Fang based on the inheritance of the Civil Code,Analyze the shared nature of heritage from the perspective of system explanation,Considers that inheritance should be jointly owned。


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The third speaker is a professor at the School of Civil, Commercial and Economic Bet365 Poker of China University of Political Science and Bet365 Poker、Ph.D. Supervisor,Qian Duansheng Scholar,Professor Geng Lihang, Consultant of the Civil and Commercial Bet365 Poker Research Association of the Provincial Bet365 Poker Society。Professor Geng titled "Concepts and Issues in Commercial Bet365 Poker Legislation and Practice",Discuss with the focus on the significance of distinguishing commercial Bet365 Poker and civil Bet365 Poker thinking,Detailed analysis based on commercial Bet365 Poker’s insistence on contract as the starting point。Sign a contract to protect transaction security,Maintain the expectations of the parties,Increase in businessmen’s duty of care;Due to various changes in commercial contracts、Businessmen’s discretion to discuss the necessity of contract template provisions,Believe that contract performance should be textualism,Do not explore the subjective meaning of the parties;Problems of bona fide acquisition of equity,Dispute over whether the nominal shareholder has the right to dispose of the external transfer or whether he has no right to dispose。


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Unit 2: General Provisions of the Civil Code、Applicable issues of marriage and family code

This unit is taught by the Dean of the Bet365 Poker School of Qingdao University of Science and Technology、Professor Wang Jintang, Vice President of the Civil and Commercial Bet365 Poker Research Society of the Provincial Bet365 Poker Society, presided over。


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The first speaker is Li Yan, a professor at the Civil and Commercial Bet365 Poker School of Shandong University of Political Science and Bet365 Poker,Professor Li’s topic is "Research on the Application of Civil Code on Minors’ Medical Decision-making",In accordance with the guardianship system and marriage and family system of the Civil Code, it is discussed that parents (or other guardians) have agency decision-making power over minors’ medical care;According to the Civil Code, the natural person capacity system explains that "mature" minors with limited capacity have the right to enjoy "their age"、The right to make your own decisions regarding certain categories of medical matters that are “intellectually appropriate”;National guardianship system according to the Civil Code,clarified for minors in the custody of state guardianship agencies,The guardianship agency has the right to make medical decisions,The legal conditions and procedures for guardianship agencies to exercise the right to make non-routine medical decisions for minors should be clarified。


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The second speaker is Qu Lingmin, associate professor of Yingcai Engineering at Ocean University of China,Professor Qu’s topic is "Rejection of Legal Subject Qualification of Artificial Intelligence: Based on the Perspective of Changes in Subject Qualification",Focuses on the academic disputes and comments on the subject qualifications of artificial intelligence、The issue of artificial intelligence subject qualifications from the perspective of justification for subject qualifications。The issues of liability for harm caused by artificial intelligence and the protection of rights in works generated by artificial intelligence can be properly resolved within the existing legal system,It has nothing to do with whether to grant artificial intelligence subject qualifications。


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The third speaker is Sun Ruixi, director of Shandong Dayang Bet365 Poker Firm,Lawyer Sun’s topic is "The Position and Role of Academic Viewpoints in Legal Argument",Discussed the creative subject of academic perspectives、The form and carrier of academic opinions、Main types of academic opinions、General Theory of Bet365 Poker、Problems such as mainstream theory and minority theory and mutual conversion。The paper adopts comparative method、Case Empirical Method、Historical interpretation method、Natural science paradigm theory analogy and other methods,Explained the controversial issue,This proves that academic opinions are important arguments for interpretation and reasoning,It is the bridge and link between theory and justice。


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The fourth speaker is Fan Jizeng, associate professor at the Bet365 Poker School of Shandong Technology and Business University,Professor Fan titled "Substantial Function or Empty Rhetoric: Judicial Application of the "Children's Best Interests" Principle in my country—An Empirical Analysis Based on my country's Court Judgments,Mainly discusses the application of the "children's best interests" principle in our country。The principle of "the best interests bet365 live online casinoof the child" is not just a principle,And it is a right。Currently, there is no unified standard for the application of the principle of "the best interests of the child" in the judgments of our country's courts。The principle of "the best interests of the child" should be applied within the boundaries of the Bet365 Poker,Cannot make laws、Creation Norms。


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The fifth speaker is Sun Yue, a lecturer at the Bet365 Poker School of Shandong Technology and Business University,Teacher Sun titled "The Mission and Implementation of Guiding Cases in the Context of Application of the Civil Code",Focus on the mission and function of guiding cases in the context of the application of the Civil Code、Defects of current civil guiding cases and their causes、The issue of multiple approaches to realizing the mission of guiding cases in the context of application of the Civil Code。The legal source relationship between the Civil Code and guiding cases should be clarified,Provide dual system support of civil substantive Bet365 Poker and procedural Bet365 Poker for guiding cases,Create a case system that meets the application requirements of the Civil Code,Referential application methods and techniques for developing civil guiding cases。


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The sixth speaker is Du Shengyi, a lecturer in the Department of Bet365 Poker, School of Public Administration, Shandong Agricultural University,Teacher Du’s "Transformation and System Improvement of the Paradigm of Willed Guardianship Decision---";Civil CodeArticle 33 is the center” as the title,Mainly discusses the normative interpretation of Article 33 of the Civil Code、Determined guardianship and the normative dilemma of Article 33 under the assisted decision-making paradigm、Issues on the absorption of new paradigms and system improvement of my country’s voluntary guardianship system。


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The seventh speaker is Sun Hualiang, a lecturer at the Bet365 Poker School of Qufu Normal University。The unique legal person for donating religious activity venues in the Civil Code carries a large number of affairs that originally belonged to the church,And artificially separated the legal unity of the church and the church,There are many disputes in theory and practice。Teacher Sun gave the title "The Concept of Church Foundation and Its Position in Civil Bet365 Poker",Focus on the concept and characteristics of church consortia、The purpose of the church consortium、Basis of establishment and legal application、Discussion on the public welfare of church foundations、Discussion on the nature of consortia of religious activity venues and its academic disputes and other issues。


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The first interviewer, PhD supervisor of bet365 app、Director of the Institute of Civil and Commercial Bet365 Poker,Professor Zhang Pinghua, Vice President of the Civil and Commercial Bet365 Poker Research Society of the Provincial Bet365 Poker Society, believes that the research topics of the scholars are novel、Think deeply,How we should treat the Civil Code after it is promulgated is the biggest question at present,Should be interpreted according to the system in practice,Make up for the deficiencies in the Civil Code,Make it better fit with reality。We should therefore take descriptive and evaluative doctrines seriously,Explain more to the existing legal system。


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The second interlocutor, Wang Dexin, deputy dean of the Bet365 Poker School of Shandong Normal University, believes that the boundary between civil Bet365 Poker and civil procedure Bet365 Poker should not be clarified too clearly,If the identification of civil subjects in civil Bet365 Poker and civil procedure Bet365 Poker is not exactly the same。Civil Bet365 Poker legal methodology is mainly divided into two aspects: fact determination and legal interpretation。If obtained in good faith,The transferee is unable to prove his good faith,There are still doubts about whether the distribution of the burden of proof is clear in the Civil Code。


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The third interlocutor, Sun Ximing, assistant researcher at bet365 app, believes that legal professionals’ research on normative matters must not only closely follow legal regulations,It should also be combined with legal education、Return to the level of legal philosophy for deep reflection。


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Unit 3: Property Rights Section of the Civil Code、Problems on application of personality rights

This unit is taught by Yantai University Bet365 Poker School,Presided over by Professor Liu Jingjing, Vice President of the Civil and Commercial Bet365 Poker Research Association of the Provincial Bet365 Poker Society。


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The first speaker is Professor Zhang Pinghua,Professor Zhang gave "Civil Remedies for Infringement of Mortgage Rights" as the topic,Analysis based on internal and external systematic inspection of the property rights section of the Civil Code。Focus on the breach of contract remedy based on mortgage rights、Property rights relief based on mortgage rights、Liability composition for mortgage infringement、Legal consequences of mortgage infringement and other issues。

The second speaker is Bi Xiaoxiao, associate professor at Yantai University Bet365 Poker School,Professor Bi took "Research on Personal Rights Infringement Injunctions - Dual Perspectives of Substance and Procedure" as the theme,Focus on the substantive perspective of the injunction on personality rights infringement、Issues such as the procedural perspective of injunctions on personality rights infringement。Article 997 of the Civil Code clarifies that civil subjects have the right to request an injunction for infringement of personality rights,This right of request is a positive realization of the right of request for personality rights,Belongs to the right to request relief。The injunction against personality rights infringement has both substantive and procedural attributes,The two are inseparable,The system function is to prevent damage and provide timely relief,Provisional measures instead of preservation proceedings,The injunction should be res judicata。


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The third speaker is Hou Shenghe, a lecturer in the Department of Bet365 Poker, School of Public Administration, Shandong Agricultural University,Teacher Hou titled "Codification of Indian Property Laws: Concreteness and Standardization of Control Strategies",Focus on the Indian Property Transfer Act, 1882、Concrete control strategy、Standardization and other issues。Reveals two core features of Indian property Bet365 Poker: the pursuit of concreteness (or organization) of property Bet365 Poker,Allows legislators to restrict further interpretation of laws by Indian judges;The content and type of property rights are legal,This is the core content of the legal principle of property rights。


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The fourth speaker is Zhang Chao, associate professor of Shandong Technology and Business University,Professor Zhang took "Benefit Weighing and Determination of Emerging Rights" as the topic,Focused on the interest theory of rights and the definition of emerging rights、Challenges to the Incommensurability Bet365 sportsbook reviewThesis and a Defense of Interest Measurement Methods、Issues such as the development of the measurement of emerging rights and interests。Based on the balanced protection of rights and freedoms,Tort Bet365 Poker should gradually establish various new interest weighing rules for personality interests and basic freedom of conduct through the accumulation of case trials,Thus providing a solid foundation for the generation of emerging rights。


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The fifth speaker is Yu Xiao, associate professor at the Civil and Commercial Bet365 Poker School of Shandong University of Political Science and Bet365 Poker,Professor Yu gave the theme of "New Thoughts on the Adjustment of Civil Bet365 Poker on the Commercial Use of Personality Identification",Focused on the adjustment of behavioral norms for the commercial use of personality markers before the promulgation of the Civil Code、Innovative Provisions on Adjustment of Rights for Commercial Use of Personality Identification in the Civil Code、Issues such as the improvement of the commercial utilization system of personality identifiers in the Civil Code。Create personality identification usufruct rights by drawing on the "separation of powers" theory in traditional property rights legislation,Make it clear that its legal attributes are personal property rights with absolute rights,To improve the commercial utilization system of personality identification in the Civil Code。


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The sixth speaker is Su Jie, a doctoral candidate from our university,Su Jie takes "On the construction of non-litigation procedures for personality rights injunction cases" as the theme,Focus on the argument of attributes in personality rights injunction cases、Exploration of judicial practice、Issues such as realizing the injunction on personality rights through non-litigation procedures。There are no theoretical obstacles to the construction of non-litigation procedures in personality rights injunction cases,Proceedings should adhere to the probabilities test and be independent of personality rights injunction proceedings,Attach importance to the concept of procedural protection for parties in non-litigation procedures,Equilibrium Efficiency and Fair Value。


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The seventh speaker is Ren Xiangyu, a master’s student at the Bet365 Poker School of Shandong Normal University,Ren Xiangyu's "<Civil CodeReconstructing the Interpretation Theory of Residence Rights" as the theme,Focus on the establishment and subject of residence rights、Issues such as the object of the right of residence。The right of residence has both social and economic functions,The economy is mostly reflected in the intentionality of the establishment。


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The first interlocutor, Chen Xiaojun, Dean of the Taishan Institute of Rule of Bet365 Poker at Shandong Agricultural University, believes that after the promulgation of the Civil Code,There are many applicable issues worth exploring,Dear scholars、The angle and depth of the professor’s research have reached a high level,Use the comparative method to explain in depth,Novel point of view。


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The second interlocutor, Professor Zhu Wenying of Weifang University Bet365 Poker School, believes that civil Bet365 Poker and civil procedure Bet365 Poker cannot be completely separated,Discussed the personality rights in the field of sports Bet365 Poker。


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The third interlocutor Zhong Shujian, associate professor at the Bet365 Poker School of Shandong Jianzhu University, believes that scholars attach great importance to the connection between substantive Bet365 Poker and procedural Bet365 Poker,In the case of property rights relief,In case of infringement by a third party,Whether the damage to the right to claim for additional security can be included in the protection of property rights is worthy of study。


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Unit 4: Contract Part of the Civil Code、Issues on the application of tort liability code

This unit is led by the Director of Shandong Dayang Bet365 Poker Firm、Presided over by Lawyer Sun Ruixi, Vice President of Shandong Lawyers Association。

The first speaker is Zhang Yudong, Professor of Bet365 Poker School of Yantai University,Professor Zhang’s "<Civil CodeThe “change” and “unchangedness” of fair liability in China—with<Civil CodeArticle 1186 is the center” as the title,Focus on the discussion of “change” and “change” and their implications in Article 1186 of the Civil Code、The “unchanged” contained in “change” in Article 1186、The issue of “change” contained in “unchanged” in Article 1186。


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The second speaker is Chen Ying, associate professor at the Bet365 Poker School of Qingdao University of Science and Technology,Professor Chen titled "Research on the Rules of the Effectiveness of Joint and Several Debts Involving Others",Mainly discusses the comparative Bet365 Poker observation of the rules concerning the effectiveness of joint and several debts involving others、Suggestions on improving the rules for the effectiveness of joint and several debts involving others。Improve the rules on the validity of joint and several debts involving others,The concept of “benefiting the interests of the debtor” and respecting autonomy of will should be established,Add a safety clause based on the principle of relative effectiveness。


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The third speaker is Qu Tianming, associate professor at the Bet365 Poker School of Qingdao University of Science and Technology,Professor Qu’s topic is "Research on the Positioning of the Nature of Trusteeship Agreements in Corporate Bond Issuance under the Civil Code",Focus on the triple dilemma of positioning trust relationships、Inspection from the perspective of comparative Bet365 Poker、Interpretation of entrustment contracts under the Civil Code and other issues。


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The fourth speaker is Tang Ran, a lecturer at the Bet365 Poker School of Qingdao University of Science and Technology,Teacher Tang’s poem "<Civil CodeThe dilemma and breakthrough ideas of compensation for abnormal reactions to non-immunization programs in my country under the background of China's non-immunization program" as the theme,Focus on the problems in the practice of compensation for abnormal reactions to vaccinations in non-immunization programs in my country、Reflection on the nature of compensation for abnormal reactions to vaccinations in non-immunization programs、Investigation on the relief experience of overseas non-immunization program vaccination、Thoughts on path construction for compensation of abnormal reactions to vaccinations in non-immunization programs in my country、Special issues and other issues in the construction of abnormal reaction compensation path for vaccination in non-immunization programs。


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The fifth speaker is Shi Wenjing, a doctoral candidate at Bet365 App,Shi Wenjing took "Procedural Realization of the Right to Recover Unreal Joint and Several Liability in the Civil Code" as the theme,Focus on the type and form of the right to recover without true joint and several liability、bet365 live casino and sports bettingTrial model of claims for recovery、Procedural realization of the right of recovery under the combined trial mode、Procedural implementation of the right of recovery under the separate trial mode and other issues。


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The first interlocutor, Associate Professor Pan Lin of Bet365 University, believes that the Civil Code is the first Bet365 Poker named after "Code" since the founding of New China,When civil norms resolve commercial Bet365 Poker issues,There may be challenges in benefit distribution,However, the solution of commercial issues cannot be completely separated from the Civil Code,Civil Bet365 Poker theory helps solve commercial problems。


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The second interlocutor, He Yan, associate professor of Yantai University Bet365 Poker School, commented on the papers of each scholar in turn,Expressed recognition of the strength of young scholars。Considering that civil substantive Bet365 Poker and civil procedural Bet365 Poker are inseparable,It is recommended that future discussions of the Civil and Commercial Bet365 Poker Society include more scholars of civil procedure Bet365 Poker。


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The third interlocutor, Wang Liqing, associate professor at the Bet365 Poker School of Shandong Technology and Business University, thinks,The research of the above-mentioned scholars reflects the civil Bet365 Poker and commercial Bet365 Poker、Substantive and procedural Bet365 Poker、The intersection and integration of jurisprudence and specific departmental laws,Reflects theoretical research、Interaction between legal texts and judicial practice,To further deepen the study of civil and commercial Bet365 Poker。


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Closing Ceremony

By associate professor at bet365 app、Yu Yongning, Vice President and Secretary General of the Civil and Commercial Bet365 Poker Research Society of the Provincial Bet365 Poker Society, summarizes his thoughts on the holding of this meeting,Announce the list of award-winning students。


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Last meeting,Wu Shanxue, deputy dean of the Bet365 Poker School of Shandong Technology and Business University, summarized the meeting,This Shandong Provincial Bet365 Poker Society Civil and Commercial Bet365 Poker Society is a conference of combination and integration。"Combined" is within the province、A combination of scholars from outside the province,A combination of old, Chinese and new scholars,A combination of traditional civil and commercial legal issues and emerging issues,The combination of substantive Bet365 Poker and procedural Bet365 Poker,The combination of theory and practice。

Qu Lingmin, associate professor of Bet365 Poker School of Ocean University of China, spoke as the representative of the next organizer,Except Bet365 Poker of the Sea、Environmental Bet365 Poker,Civil and commercial Bet365 Poker is also an important subject of Ocean University of China Bet365 Poker School,Professor Qu hopes that all scholars will have full confidence in Ocean University of China Bet365 Poker School,Continue to support the Civil and Commercial Bet365 Poker Society of Shandong Bet365 Poker Society,Share your own research results。

Copyright: bet365 app 2012 All Rights Reserved

Submission email:lawschoolwangzhan@163.com

Address: Shandong University Qingdao Campus, No. 72 Binhai Road, Jimo District, Qingdao Zip code 266237

Shandong University Hongjialou Campus, No. 5 Hongjialou, Licheng District, Jinan City Zip code 250100

Copyright: bet365 app 2012 All Rights Reserved

Submission email:lawschoolwangzhan@163.com

Address: Shandong University Qingdao Campus, No. 72 Binhai Road, Jimo District, Qingdao Zip code 266237

Shandong University Hongjialou Campus, No. 5 Hongjialou, Licheng District, Jinan City Zip code 250100