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E-mail:fubenchao@email.sdu.edu.cn
Personal introduction:
Fu Benchao,Doctor of Laws,Researcher,bet365 appvice president、Director of the Institute of Ocean and Maritime Law,Director of Judicial Practice Research Center,Arbitrator of China Maritime Arbitration Commission and other arbitration institutions。Served in Qingdao Maritime Court and Shandong Higher People’s Court,And work on secondment at the Supreme People’s Court;Participate in the maritime judge on-board internship training program jointly organized by the Supreme People's Court and the Ministry of Transport,Traveling on multiple international routes;Served as judge of Yantai Court of Qingdao Maritime Court、Judge of the Maritime and Commercial Court,President of the Fourth Civil Trial Division of Shandong Higher People’s Court、Vice President of the Fourth Civil Trial Division、President of the Third Executive Division of the Executive Board、Member of the Judgment Committee,Provincial trial business expert,The first batch of “Leading Figures in Legal Research in the Province”。Expert researcher at SCO Economic and Trade Legal Services Institute,Member of the Legal Professional Committee of Shandong Listed Companies Association,Member of Shandong Provincial Department of Justice’s Marine Rights Protection Expert Database,Member of Qingdao Law Society’s Legal Consulting Expert Database,Qingdao Ecological Environmental Damage Identification and Assessment Expert Database List (First Batch),Special researcher of Qingdao Regional Open and Integrated Development Research Think Tank Alliance,The first batch of expert members of the Qingdao International Commercial Court Expert Committee。Member of the research group on the revision of the Maritime Law and the Special Maritime Litigation Procedure Law,Member of the research group on the formulation of the "Civil Enforcement Law"。
Education background:
1994-1998,Zhongnan University of Political Science and Law,Bachelor of Laws;
1999-2001,Dalian Maritime University,Master of Laws;
2006-2008,Korea Ocean University,Doctor of Laws;
2010-2013,Dalian Maritime University,Postdoc。
Part-time social work:
Professor Xinhai of Dalian Maritime University;
Members of the "Double Thousand Plan" for the mutual recruitment of personnel between higher education institutions and legal practice departments jointly implemented by the Ministry of Education and the Central Political and Legal Affairs Commission。
Research field:
International Economic Law、Maritime Law、Special Maritime Litigation Procedure Law、Arbitration Law、Enforcement Law。
Participate in the topic:
1.Ministry of Justice Project: Research on the National Legal Mechanism for Social Cooperation in Maritime Search and Rescue (2012);
2.Ministry-level project of China Law Society: Research on legal protection for the development of China’s shipping insurance industry (2012);
3.National Social Science Fund General Project: Research on Legal Protection of Marine Administrative System Reform (2013);
4.Scientific Research Project of the Supreme bet365 Play online gamesPeople's Court: On Improving the Judicial Protection Mechanism of Ecological Environment and Public Interest Litigation (2014);
5.Major National Social Science Project: Research on my country’s Marine Legal System (2016);
6.Research project of the Supreme People’s Court on the compilation of the “Law Applicability of Foreign-Related Laws and Civil Relations” of the Civil Code (2017);
7.Research topic on amending the Maritime Law of the People's Republic of China (2017);
8.Research topic on amending the "Special Maritime Litigation Law of the People's Republic of China" (2019);
9.Research topic on the formulation of the "Civil Enforcement Law of the People's Republic of China" (2020);
10.Major Project of the National Social Science Fund: "Research on the Construction of Maritime Law System from the Perspective of a Community of Maritime Destiny" (19VHQ001) sub-project "Revision of Maritime Law Responsibility and Judicial System by the Theoretical Connotation of a Community of Maritime Destiny" (2019);
11.National Social Science Fund Major Research Special Project: "Research on the Protection of China's Maritime Rights and Interests from the Perspective of a Community with a Shared Maritime Destiny" (19VHQ009) sub-project "Research on International Dispute Settlement Practices and Mechanisms" (2019);
12.Theoretical and practical research topic on Shandong construction: "Research on Legal Security Issues in the Construction of a Strong Maritime Province" (2023);
13.Shandong Province Social Science Planning Research Project: "Research on the Training Mechanism of Foreign-related Legal Talents in the New Era" (2023);
14.Horizontal topic: "New Era、New pattern、New Development: The important role of judicial concepts supporting arbitration and multiple dispute resolution mechanisms in improving the business environment" (2020);
15.Horizontal topic: "Research on the training paths of foreign-related legal talents" (2022);
16.Horizontal topic: "Reform and Improvement of my country's Arbitration Judicial Review System" (2023);
17.Horizontal topic: "Research on legal issues related to crew members" (2023)。
Representative achievements:
Works:
1."Compilation of Korean Civil and Commercial Laws",Participating Editor,People's Court Press December 2008 Edition;
2."Comparative Study on Maritime Litigation Jurisdiction System" (English),Monograph,Legal Press November 2011 Edition;
3."Research on Legal Issues of Ship Oil Pollution Damage Compensation—Based on a Judicial Perspective",Monograph,Legal Press February 2017 Edition;
4."Compilation of the Essentials of Adjudication of China's Maritime Cases",Participating Editor,Peking University Press April 2017 Edition;
5."Basics and Judgment Rules of the Top Ten Causes of Action for "Company-Related Disputes",Co-author (first editor),Legal Press November 2022 Edition。
Paper:
1."Civil Legal Liability for Maritime Ship Collision under China Maritime Law" (English),"Arbitration and Justice" 2008 Issue 1;
2."Research on Issues Related to Crew Labor Contract Disputes","Applicable Laws" Issue 1, 2009;
3."Statutory Requirements for Suspension of Payment under Letter of Credit","People's Justice·Case" 2009 Issue 2;
4."Standardization and Improvement of the International Maritime Litigation Jurisdiction System under the Background of Financial Crisis","Shandong Trial" Issue 6, 2009;
5."Application of the principle of forum non conveniens in foreign-related civil and commercial trials","People's Justice·Application" Issue 21, 2009;
6."BHP Billiton Sales Company v. Longkou Donghai Trading Co., Ltd.、Shanghai Pudong Development Bank Jinan Branch Guarantee Fraud Dispute Case》,"Case Reference and Guidance" 2011 Issue 2;
7."Effectiveness of Jurisdiction Clause in Bill of Lading","Business Law" 2011 Issue 2;
8."Legal Analysis of Public Interest Litigation on Environmental Pollution","People's Justice·Application" 2011 Issue 19;
9."Insurable Interest Principles of Marine Insurance","People's Justice·Application" 2014 Issue 7;
10."Chen Fengming v. China Pacific Property & Casualty Insurance Co., Ltd. Jinan Central Branch Crew Insurance Contract Dispute Case","Case Reference and Guidance" Issue 3, 2016;
11."Research Report on Issues Related to Judicial Guarantee in the Construction of Shandong Free Trade Zone","Shandong Trial" Issue 3, 2018;
12."Research on the Protection of Seafarers' Personal Rights and Interests in Bet365 Pokerthe Implementation of the Maritime Strategy","Shandong Trial" Issue 6, 2019;
13."Multiple dispute resolution mechanisms guarantee the legalization of the business environment","Political and Legal Studies" (CSSCI) 2022 Issue 2;
14."Judicial Response to Japan's Discharge of Nuclear Wastewater into the Sea - A Perspective Based on Domestic Judicial Procedures","Journal of Hainan University (Humanities and Social Sciences Edition)" (CSSCI) 2022 Issue 4;
15.Ben-Chao Fu,“Unification and Coordination of Maritime Jurisdiction: Providing a Judicial Guarantee for International Trade and Marine Transport”,section Marine Affairs and Policy of “Frontiers in Marine Science”(SCI Q1), Published: 24 March,2022.
16.Ben-Chao Fu, Hao Liu,“What Do We Need to Do? The Sustainable Development of Chinese Marine Fisheries: A Legal Perspective”, Fishes 2023, Volume 8, Issue 1, 16(SCI Q1),Published: 27 December,2022.
17.Ben-Chao Fu, He-Ran Li,“Legal advice on the Chinese compensatory fund system for oil pollution damage caused by ships from the perspective of marine environmental governance”, section Marine Affairs and Policy of “Frontiers in Marine Science”(SCI Q1), Published: 09 January,2023.
18."Improvement of my country's Maritime Criminal Justice under the Concept of "Marine Community with a Shared Future","Legal Science Forum" (CLSCI) Issue 6, 2023。
Think tank achievements:
1.《<Special Maritime Litigation Procedure Law>First、Chapter 2 Modification Suggestions》,Adopted: July 20, 2021,Level: Important,Result number: YJBG-2021-00039;
2.《<Civil Enforcement Law (Draft), Part 3, Chapter 20, Section 2, Formulation Suggestions》,Adoption time: October 21, 2021,Level: Important,Result number: YJBG-2022-00095。
Typical case:
1.Aiden Shipping Co., Ltd. and Li Hongyan、Song Lanhua、Zhang Yunjie、Zhang Jing’s ship collision dispute case。Actively contact the Supreme Court、Provincial Court and Qingdao Maritime Court,Convene the parties involved in 9 related cases to mediate together。This three-level court joint mediation practice,Received full recognition from all walks of life and high praise from the parties involved in the case。August 7, 2009,"Shandong Legal News (Trial Weekly)" conducted an in-depth report on the practice of joint mediation in the three-level courts on the front page;
2.Appeal case of ship collision dispute between Guangxi Fangchenggang Jinhang Shipping Co., Ltd. and North Korea Yinshan Shipping Company。This case is a foreign-related maritime case,Except where Chinese laws apply,It also involves the application of international treaties,While serving the judgment to the parties,Attached are more than 10 pages of charts and regulations。After the judgment is made,All parties agreed to the verdict and settled the lawsuit。Based on high trust in the court,Both parties jointly applied to the court for post-judgment mediation,And finally reached a mediation agreement,And it will be completed on the second day。After the case is concluded,The foreign party sent a special letter of thanks to the court。March 26, 2010,"Shandong Legal News (Trial Weekly)" reported the case in detail on the front page;
3.Sinopec、Series of Appeal Cases on Maritime Pollution Damage Compensation Disputes between Shengli Oilfield and 28 Farmers。Before the trial of this series of cases,That is to facilitate the parties to reach a mediation agreement。After the case is completed,The parties will write "Justice for the people" and "Sentiment for fishermen,A banner with the words "Build Harmony" was delivered to the court,Express gratitude。January 7, 2011,"Shandong Legal News (Trial Weekly)" reported the case on the front page;
4.Shandong Huaxin Industry and Trade Company and Malikajun Transportation (Hong Kong) Co., Ltd.、Industrial and Commercial Bank of China (Asia) Co., Ltd. Letter of Credit Stop Payment Dispute。In this case, the party applied to suspend payment under the letter of credit before filing a lawsuit,These are two different legal requests from general pre-litigation preservation bet365 Play online gamesapplications。After the case is concluded,Written as a typical case,Published in "People's Justice",Effectively standardizes the trial procedures and judgment standards for letter of credit stop payment cases。March 2011,This case was selected into Shandong Province’s “Typical Cases of Foreign-Related Commercial and Maritime Cases”;
5.BHP Billiton Sales Company and Longkou Donghai Trading Co., Ltd.、Shanghai Pudong Development Bank Jinan Branch Guarantee Fraud Dispute Case。After the judgment of the case is made,Both Chinese and foreign parties accepted the verdict and settled the lawsuit,Case closed,The judgment was published in the "Case Reference and Guidance" of the Higher People's Court of Shandong Province,Before the promulgation of judicial interpretations related to independent guarantees,Played a positive guiding role in the trial of this type of cases;
6.Oxted Company and Hong Kong Chenggong Company ship collision dispute appeal case。This case involves the determination of the proportion of liability for ship collision,Closely related to two other cases of compensation for damages caused by collision。To resolve conflicts as soon as possible,Guarantee the injured party to receive compensation in a timely manner,Joint relevant courts,Package mediation for four cases,Related cases settled together,Equal protection of the legitimate rights and interests of Chinese and foreign parties,Establishing a good image of maritime trials in our country。The third page of "People's Court Daily" on March 29, 2014、No. 1 in "Shandong Legal News (Trial Weekly)" on April 4、The second edition is titled "Behind the "likes" shared by Chinese and foreign parties",Detailed reports on the clever solution of four related foreign-related disputes。
Honors and Awards:
1.March 2006,Written (2003) Qinghai Fahai Shangchuzi No. 214 Judgment,was awarded the “Second Prize in the Civil Category of the Provincial Judgment Document Competition” by the Higher People’s Court of Shandong Province;
2.December 2007,Written (2006) Lu Minsi Zhongzi No. 84 Judgment,was awarded the "Second Prize in the Civil Category of the Sixth Provincial Court Excellent Judgment Document Selection Activity" by the Shandong Provincial Higher People's Court;
3.April 2008,Recruited by the Communist Youth League Shandong Provincial Working Committee、Shandong People’s Broadcasting Station、Shandong TV、Qilu Evening News、Shandong Youth Daily and Shandong Province Provincial Government Youth Federation were named "2006-2007 Shandong Province Provincial Government Outstanding Youth Job Experts";
4.May 2008,Recognized as “2006-2007 Outstanding Trade Union Activist of Provincial Government Organizations” by the Shandong Provincial Government Trade Union Working Committee;
5.October 2009,Written by "Standardization and Improvement of the Maritime Litigation Jurisdiction System in the Context of the International Financial Crisis",Evaluated as the second prize by the Trial Theory Research Association of China Law Society;
6.June 2010,Written by "A Brief Discussion on the Legal Cornerstone for Promoting the Healthy Development of Shipping Economy",Evaluated as the second prize by the Trial Theory Research Association of China Law Society;
7.September 2011,"A Brief Discussion on the Understanding and Application of Jurisdiction Clauses in Bills of Lading" was presented at the 20th National Maritime Trial Seminar,Evaluated as the second prize;
8.January 2013,Recognized as “Zero Wrong Case” in 2012 by Shandong Provincial Higher People’s Court、Zero complaints、Excellent judge with “zero petitions”;
9.January 2014,Recognized as an “Outstanding Communist Party Member” in 2013 by the Higher People’s Court of Shandong Province;
10.November 2014,Research Report on Legal Issues Concerning Compensation for Marine Environmental Pollution Damage,Won the first prize in the research report category of the 9th Provincial Court Outstanding Research Results;
11.May 2015,Drafted "Opinions on the Jurisdiction of Maritime Pollution Damage Compensation Cases (Trial)",Joined by the Ministry of Environmental Protection and the China Law Society as an “Excellent Example of Innovation in the Ecological and Bet365 sportsbook reviewEnvironmental Legal Guarantee System”;
12.August 2018,The "Judge Student Assistant Volunteer Service Project" initiated by 24800_24815,was awarded the "Bronze Award in the Project Category of the Third Shandong Youth Volunteer Service Project Competition" by the Shandong Youth Volunteers Association;
13.July 2019,Recognized as “Excellent Party Worker” in 2018 by the Higher People’s Court of Shandong Province;
14.July 2019,24958_24967;Special Maritime Litigation Law of the People's Republic of China>Revise the research report on relevant legal issues》,Won the Excellence Award at the 27th National Maritime Trial Symposium;
15.September 2019,Recognized as “Provincial Expert in Trial Practice” by Shandong Provincial Higher People’s Court;
16.December 2019,Recognized as the first batch of “Leading Figures in Legal Research in the Province” by the Shandong Provincial Political and Legal Committee of the Communist Party of China and the Shandong Provincial Law Society;
17.May 2023,The "Multiple Dispute Resolution Mechanisms to Guarantee the Legalization of the Business Environment" written by 26226_26256、Provincial Law Society、The Provincial Department of Education awarded the 28th Shandong Province Second Prize for Outstanding Achievements in Law。
18.December 2023,The subject undertaken is "Research on Legal Security Issues in the Construction of a Strong Maritime Province",Comprehensive rule of law by the Provincial Committee Office of the Shandong Provincial Committee of the Communist Party of China、Rated as a first-class subject by the Shandong Provincial Department of Justice and Shandong Provincial Law Society。