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Professor Mou Xiankui
Email: muxinkui@163.com
Personal introduction:
Professor, Director of East Asian Legal Research Center
Education background:
1994-1998,Bachelor’s degree in International Economic Law, Department of Law, Qingdao University,Bachelor of Laws。
1998-2001,bet365 appMaster’s Program in Civil and Commercial Law,Master of Laws。
2001-2005,(Japan) Doctoral Program at the Graduate School of East Asian Studies, Yamaguchi University, Japan,Obtained a doctorate degree and was commended by the principal。
In 2001, he taught at bet365app.
In 2010, he served as professor.
2008-2009,Visiting scholar at China Law Center, Columbia Law School (USA)。
2010-2011,Researcher, Graduate School of Law, Waseda University (Japan)。
2016,Visiting Professor, Faculty of Law, Hosei University (Japan),Researcher of Modern Law Institute。Researcher at the University of the Ryukyus Graduate School of Law。
Part-time job in society:
China Constitutional Society (Director)
China Finance and Taxation Law Research Association (Director)
Cross-Strait Relations Law Research Association (Director)
"Japanese Law Research" Editorial Committee (Director)
Research field:
Constitutional administrative law, civil and commercial law, comparative law
Other information:
Overseas lectures (and teaching):
2017、April-June 2018,Faculty of Law, Hosei University (Tokyo);
November 17, 2016、24th,Faculty of Law and Letters, University of the Ryukyus、University of the Ryukyus, Graduate School of Law (Okinawa);
August 21, 2016,Hokkaido University (Sapporo),2016 "The Inheritance and Transformation of Western European Constitutionalism in East Asia" Research Group Meeting;
June 27, 2016,Waseda University Institute of Comparative Law (Tokyo);
April-June 2016,Faculty of Law, Hosei University (Tokyo);
August 5, 2014,Hokkaido University (Sapporo),"The 10th (2015) Sino-Japanese Public Law Seminar";
November 30, 2012、December 4, 2012,Institute of Japanese Comparative Law, Chuo University、Faculty of Law, Chuo University (Tokyo);
November 16, 2012,Meiji University (Tokyo),2012 "The Inheritance and Transformation of Western European Constitutionalism in East Asia" Research Group Meeting;
March 28, 2012,Shimane University Graduate School of Law (Matsue);
February 25, 2011,Waseda University Institute of Comparative Law (Tokyo);
November 6, 2010,Meiji University (Tokyo),2010 "The Inheritance and Transformation of Western European Constitutionalism in East Asia" Research Group Meeting;
February 3, 2010、4th,Shimane University, Faculty of Law and Letters (Matsue);
October 27, 2007,Kyushu University (Fukuoka),"The 3rd (2007) Sino-Japanese Public Law Seminar";
March 22, 2005,Shimane University Graduate School of Law (Matsue);
November 21, 2001,Kansai University Faculty of Law (Osaka)。
Representative projects:
Research on the Constitutional Interpretation System of Modern China,Ministry of Education Humanities and Social Sciences Fund Project,Moderator。
Research on constitutional review in East Asian countries and regions,Shandong Province Social Science Key Project,Moderator。
Representative results:
(Comparative method)
Editor-in-Chief Mou Xiankui: 21st Century Law Textbook Series "Lecture Notes on Sino-Japanese Comparative Law" (bilingual),Published by Law Press on December 21, 2017。
Editor-in-Chief Mou Xiankui: "Japanese Legal Studies" Bet365 lotto reviewVolume 1,Published by China University of Political Science and Law Press in September 2015。
Peng Wenhao、Editor-in-Chief Mou Xiankui: "Public Dispute Resolution and Rights Protection from a Comparative Perspective—Proceedings of the 2015 Sino-British Comparative Public Law Symposium",Published by China University of Political Science and Law Press in November 2015。
(Constitutional Administrative Law Field)
Mu Xiankui: "The History of China's Unconstitutional Review System" (Doctoral Thesis),(Tokyo) Chengbundang Published in November 2009。
Co-editor: "Constitution" (Editor-in-Chief Zhang Qianfan),Published by Peking University Press in January 2008 (writing a constitutional interpretation、Two parts of the judiciary)。
Thesis: The Concept of "Legal Retention" in China - The Interpretation of Legislative Law and Hand Hanging),Mou Xiankui,Published in "Waseda Jurisprudence" Volume 93 No. 3 (March 2018)。
Thesis: Is it necessary to "reserve the law" - Taiwan Discussion Center、Mou Xiankui、A collection of essays in memory of Mr. Toha Eji "The Development of the Creation of Constitutional Studies",Published by Xinshan Society in 2017。
Thesis: Topics and Prospects of Japan’s Constitutional Litigation System—Focusing on the Roots of Judicial Negativism and the Mainstream Doctrine Against the Establishment of the Constitutional Court,Mou Xiankui,Published in "Legal and Business Research" Issue 1, 2006 (January 2006)。
Thesis: Comparison and Prospects of the Constitutional Violation Review System across the Taiwan Straits—Also Discussing the Improvement of the People’s Petition for Constitutional Interpretation System in the Judicial Yuan Justice Cases Trial Law,Mou Xiankui,Published in Taipei's "Constitutional Era" Volume 42 Issue 1 (July 2016)。
Thesis: Comparison and Prospect of Unconstitutional Censorship between Mainland China and Taiwan,Mou Xiankui,Published in Waseda University's "Comparative Law" Volume 45 No. 3 (March 2012)。
Thesis: Research on Judicial Power and Constitutional Interpretation System during the Beiyang Government,Mou Xiankui,Published in "Legal Review" Issue 3, 2012 (June 2012)。
Thesis: Research on the Judicial Power and Constitutional Interpretation System during the National Government—Review of the Judicial Constitutional Interpretation Model on the "55th Constitutional Draft",Mou Xiankui,Published in "Legal Science" Issue 4, 2013 (April 2013)。
Thesis: The formation and preliminary practice of the justice interpretation system in modern China,Mou Xiankui,Published in "Journal of Shandong University" 2012 Issue 1 (January 2012)。
Thesis: The Formation of the Justice Constitutional Interpretation System in Modern China,Mou Xiankui,Published in Kokushikan University's "Comparative Legal Studies" No. 31 (October 2008)。
Thesis: The Character of Taiwan's Chief Justice Constitutional Interpretation System,Mou Xiankui,Published in Yamaguchi University's "Eastern Research" No. 2 (December 2003)。
Thesis: Constitutional review and judicial power in China (Draft report of Kyushu University’s “Third (2007) Sino-Japanese Public Law Seminar”),Mou Xiankui,Published in "Legal Forum" Issue 5, 2009 (September 2009)。
Thesis: China’s Unconstitutional Review and Judicial Review,Mou Xiankui,Published in "Legal and Political Research" of Kyushu University, Volume 75, No. 1 (July 2008)。
Thesis: The Structure and Function of the Constitutional Review System,Mou Xiankui,Published in "Dongyue Lun Cong" Issue 8, 2010 (August 2010)。
Thesis: The Nature and Methods of Constitutional Interpretation,Mou Xiankui,Published in "Literature, History and Philosophy" Issue 4, 2011 (July 2011)。
Thesis: The status and difficulties of state secrets in public law - Reflections on the superiority of state secrets (Hokkaido University "Tenth (2014) Sino-Japanese Public Law Seminar" report draft),Mou Xiankui,Contained in "Legal Thoughts" 2015 Issue 1 (January 2015)。
Thesis: Why bicameral system?——Issues and Prospects of Japan’s Legislative Process Theory (Draft Report of Southeast University’Bet365 Online Live Dealers “Seventh (2011) Sino-Japanese Public Law Symposium”),Mou Xiankui,Published in "Journal of Gansu University of Political Science and Law" 2012 Issue 2 (April 2012)。
Thesis: The relationship between governing the country according to law and governing the country according to the constitution,Mou Xiankui,Published in "Global Legal Review" Issue 5, 2013 (September 2013),Collected in "Governing the Country According to the Constitution" edited by Han Dayuan,Published by Law Press in 2015。
Thesis: Legal Concept and Evolution of the Rule of Law (Final Assignment for the First Year of the Master's Degree),Mou Xiankui,Published in "Journal of Renmin University of China" 2001 Issue 1 (January 2001),The full text is reprinted in the National People's Congress newspaper and periodical copy "Jurisprudence、Legal History》2001 Issue 4 (April 2001)。
Thesis: The operation of public power and the protection of civil rights in the Internet era,Mou Xiankui,Published in "China Administration" Issue 12, 2010 (December 2010)。
Translation: Urbanization wave and land expropriation in modern Japan,By Ju Shi Zhenghe,Mou Xiankui、Translated by Wang Qi,Published in "National People's Congress Law Review" No. 9 (July 2011)。
Translation: Administrative Law Analysis of Pollution Prevention Agreement,Written by Shigeru Kisa,Mou Xiankui、Translated by Zhang Ronghong,Published in the Journal of Shanghai University of Political Science and Law "Rule of Law" 2013 Issue 4 (August 2013)。
Translation: South Korea’s Political Judicialization Thesis,Li Zheyu is wearing,Translated by Mou Xiankui,Zai Peng Wenhao、"Public Dispute Resolution and Rights Protection from a Comparative Perspective - Proceedings of the 2015 Sino-British Comparative Public Law Symposium" edited by Mou Xiankui (November 2015,China University of Political Science and Law Press)。
Translation: A theory of constitutional reform that resonates with the atmosphere of the times?——A cross-section of modern Japanese society where public space BBS carries the danger of subverting freedom and democracy,Written by Tateyama Hongyi,Translated by Mou Xiankui,Published in "Shandong University Law Review" No. 2 (December 2004)。
Translation: 60 Years of the Japanese Constitution and Issues of Constitutional Revision,Two works by E Tonami,Mou Xiankui、Yu Xiaona、Translated by Zhan Dongsheng,Published in "Political and Legal Studies" Issue 3, 2008 (June 2008),The full text is reprinted in the National People's Congress newspaper copy material "Constitutional Science and Administrative Law" 2008 Issue 10 (October 2008)。
Translation: Debate among Japanese constitutional scholars on the obligation to protect fundamental rights,Two works by E Tonami,Translated by Mou Xiankui,Volume 5 of "Constitutional and Administrative Law Forum" edited by Wang Xuehui (September 2012,Legal Press)。
Translation: Human rights of victims—from the perspective of human rights theory,Two works by E Tonami,Mou Xiankui、Han Linjun translated,Published in "Human Rights Research" Volume 14 (April 2015,Shandong People's Publishing House)。
Translation: Environmental protection as rights protection—the possibility of establishing “environmental rights”,Written by Kazuhiko Matsumoto,Translated by Mou Xiankui,Published in "Human Rights Research" Volume 15 (December 2015,Shandong People's Publishing House)。
(civil and commercial law field)
Presiding the translation: "A Centenary History of Civil Law Doctrine: Commemorating the 100th Anniversary of the Implementation of Japanese Civil Law" (edited by Masanobu Kato and others),Published by The Commercial Press in December 2017。
Liu Shiguo、Mou Xiankui、Translated by Yang Ruihe: "Japanese Civil Code: Major Revision in 2017",Published by China Legal Publishing House in March 2018。
Co-editor: "Obligatory Rights Law" (Editor-in-Chief Wang Liping),Published by Shandong University Press in September 2008。
Co-editor: "Contract Law" (Chief Editor Han Song),Published by Wuhan Best slot on Bet365University Press in March 2009。
Thesis: On the Company’s Power Structure (Bachelor’s Thesis),Mou Xiankui,Published in "Journal of Shandong University" Issue 3, 2001,The full text is reprinted in the National People's Congress newspaper copy material "Civil and Commercial Law" 2001 Issue 9 (May 2001,September,China Renmin University Press)。
Thesis: The Generation and Expansion of China's Environmental Damage Theory,Mou Xiankui,A collection of essays in commemoration of Mr. Hikochi Oguchi's "History of China's Law and Society",Published by Chengwentang in 2017。
Thesis: Regulation of the Contractual Process and Obligation of Explanation in Japanese Consumer Contract Law,Mou Xiankui,Published in "Research on Sino-Japanese Civil and Commercial Law" Volume 2 (June 2004,Legal Press)。
Thesis: Research on the Obligation of Explanation in Civil Law (Master’s Thesis),Mou Xiankui,Published in "Civil and Commercial Law Series" Volume 31 (November 2004,Legal Press)。
Thesis: Explaining the civil fraud constitution of breach of obligation and silence—focusing on the protection of the “informationally weak”,Mou Xiankui,Published in "Legal Science" Issue 4, 2007 (July 2007),The full text is reprinted in the National People's Congress newspaper copy material "Civil and Commercial Law" 2007 Issue 10 (October 2007),Collected in "China Civil Law Annual (2006-2007)" (2008,Legal Press)。
Thesis: Explanation of Obligation and Consensus Flaws—An Overview of Japanese Doctrine,Mou Xiankui,Contains "Following Scientific Natural Law—Collected Essays on Professor Liu Shiguo's 60th Birthday",Published by Law Press in November 2014。
Translation: Obligation of explanation and civil liability in Anglo-American law,Kimberly D. Krawiec、by Kathryn Zeiler,Mou Xiankui、Translated by Wang Shengya,Published in "Shandong University Law Review" 2013 Edition (2013,Shandong University Press)。
Translation: Theory of Collective Land Ownership in China,Ogawa Takeichi,Mou Xiankui、Translated by Gao Qingkai,Published in "Comparative Law Research" Issue 5, 2007 (October 2007)。
Translation: Calculation of Mental Damage Compensation for Divorce with a Foreign Spouse—A Comment on the Sendai High Court Akita Branch Judgment of January 29, 2018,Written by Udagawa Yukinori,Translated by Mou Xiankui,Published in "Civil and Commercial Law Series" Volume 17 (December 2000,Hong Kong Golden Bridge Cultural Publishing Co., Ltd.)。
Translation: Structural Theory of Copyright - Simplification of Copyright for the Purpose of Dissemination and Utilization of Information Content,Written by Kodama Haruo,Translated by Mou Xiankui,Published in "Intellectual Property" Issue 4, 2006 (July 2006)。
(Legal Education)
Thesis: 30 years of legal education in China: Review and prospects,Mou Xiankui,Published in "Learning and Exploration" Issue 5, 2008 (October 2008)。
Thesis: Chinese Law Monk Special Attack (J.M.)Rebirth of Education——Day、中、A comparative study on the introduction of post-bachelor's legal education in Han におけるをふまえて,Mou Xiankui,Published in Japan's "Enterprise Law" No. 11 (March 2009,(Tokyo) Shoji Legal Publishing House)。
Thesis: The Current Situation and Prospects of Property Law Education in China's における知,Mou Xiankui,Published in "Advanced Technology Law" No. 11 of Kokushikan University (March 2011)。
Honors and Awards:
Explaining the civil fraud constitution of breach of obligation and silence—focusing on the protection of the “informationally weak” (contained in "Legal Science" Issue 4, 2007),Won the first prize of Shandong Province Law Outstanding Achievements Paper Category in February 2012。
Research on the duty of explanation in civil law (Master’s thesis,Contained in "Civil and Commercial Law Series" Volume 31 pages 512-602),Won the second prize of Shandong Province Law Outstanding Achievement Award in 2006。
Research on the Judicial Power and Constitutional Interpretation System during the Beiyang Government Period (published in "Legal Review" Issue 3, 2012),Won the second prize in the paper category of the Seventh Young and Middle-aged Constitutional bet365 best casino gamesScholars Outstanding Scientific Research Achievement Award of the China Law Society in August 2012。
The issues and prospects of Japan’s constitutional litigation system theory—centering on the roots of judicial passivism and the mainstream doctrines against the establishment of the Constitutional Court (contained in "Legal and Business Research" Issue 1, 2006),Won the second prize of Shandong Province Law Outstanding Achievement Award in 2008。