The 2021 Academic Annual Meeting of the Civil and Commercial Law Research Society of Shandong Law Society is affected by the new crown epidemic，Postponed to October 17th in Yantai，This annual meeting is hosted by the Civil and Commercial Law Research Association of Shandong Law Society，Hosted by the Law School of Shandong Technology and Business University，Co-organized by Shandong Qianyuan Law Firm。Shandong Provincial Law Society Civil and Commercial Law Research Association, with the support and care of all leaders，With the collaborative support of all participants，Successfully completed all meeting agendas。
October 16th afternoon，Presided over by Jiang Yuanqiao, Director of the Research Department of Shandong Law Society，Representatives held a symposium on the "Evaluation and Management Measures of the Shandong Law 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 Law School of Shandong Technology and Business University，On behalf of the Law School of Shandong Technology and Business University, to all the guests attending the meeting、Welcome to all participating representatives。
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 Law 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 Law School，With legal studies、Two undergraduate majors: Political Science and Administration，The law major is a provincial first-class undergraduate major，Starting to recruit master’s degree students in law and economics since 2017,And recruiting students majoring in the second bachelor's degree in law。July 26, 2021，The Master of Laws degree has been reviewed and announced by the Ministry of Education。
Director Jiang Yuanqiao of the Research Department of Shandong Law Society conveyed the spirit of the Central Committee’s comprehensive work conference on governing the country by law，The meeting emphasized that Xi Jinping’s thought on the rule of law is rich in connotations、Profound discussion、Strict logic、System complete，is the latest achievement of the sinicization of Marxist rule of law theory，It is the fundamental compliance and action guide for comprehensively governing the country by law，Has great theoretical and practical significance。
Deputy Director of the Research Department of Shandong Law Society emphasized，We should fully understand the significance of establishing the guiding role of Xi Jinping’s Thought on the Rule of Law in comprehensively governing the country by law，Comprehensively and accurately understand the core essence of Xi Jinping’s thought on the rule of law、Spiritual essence and practical requirements，Strong faith in the rule of law，Grasp the way forward，Achieve comprehensive understanding，Persistently arm the mind with Xi Jinping’s Thought on the Rule of Law、Guide to practice、Promote work。
Speech by Zhang Haiyan, President of the Civil and Commercial Law Research Association of Shandong Law 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 law for long-term benefits，To promote comprehensive rule of law、Accelerate the construction of a socialist country under the rule of law，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 law、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 lotto reviewProvince，The Civil and Commercial Law Research Institute of Shandong Law Society will continue to focus on strengthening political leadership，Strengthen academic research，Focus on hot spots，Continue to build brand academic activities。
Unit 1: Keynote Speech
This unit is led by the deputy dean of bet365 app、Professor Zhang Haiyan, President of the Civil and Commercial Law Research Association of the Provincial Law Society, presided over。
The first speaker is an honorary professor of Shandong University、Professor Guo Mingrui, Honorary Dean of the Law School of Yantai University and Consultant of the Civil and Commercial Law Research Association of the Provincial Law 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。
The second speaker is a professor at Jilin University Law School、Professor of Yantai University Law School、Ph.D. Supervisor、Changjiang Scholar Distinguished Professor、Professor Fang Shaokun, consultant of the Civil and Commercial Law Research Association of the Provincial Law 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、Co-ownership or the third form of unknown co-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。
The third speaker is a professor at the School of Civil, Commercial and Economic Law of China University of Political Science and Law、Ph.D. Supervisor，Qian Duansheng Scholar，Professor Geng Lihang, Consultant of the Civil and Commercial Law Research Association of the Provincial Law Society。Professor Geng titled "Concepts and Issues in Commercial Law Legislation and Practice"，Discuss with the focus on the significance of distinguishing commercial law and civil law thinking，Detailed analysis based on commercial law’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。
Unit 2: General Provisions of the Civil Code、Applicable issues of marriage and family code
This unit is taught by the Dean of the Law School of Qingdao University of Science and Technology、Professor Wang Jintang, Vice President of the Civil and Commercial Law Research Society of the Provincial Law Society, presided over。
The first speaker is Li Yan, a professor at the Civil and Commercial Law School of Shandong University of Political Science and Law，Professor Li’s topic is "Research on the Application of the Civil Code on Minors’ Medical Decisions"，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。
The second speaker is Qu Lingmin, Associate Professor of 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。
The third speaker is Sun Ruixi, director of Shandong Dayang Law 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 Law、Mainstream theory and minority theory and issues such as 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。
The fourth speaker is Fan Jizeng, associate professor at the Law 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 Pokerof 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 law，Cannot make laws、Creation Norms。
The fifth speaker is Sun Yue, a lecturer at the Law 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 law and procedural law for guiding cases，Create a case system that meets the application needs of the Civil Code，Referential application methods and techniques for developing civil guiding cases。
The sixth speaker is Du Shengyi, a lecturer in the Department of Law, School of Public Administration, Shandong Agricultural University，Teacher Du’s "Transformation and System Improvement of the Paradigm of Willed Guardianship Decision---";Civil Code>Article 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。
The seventh speaker is Sun Hualiang, a lecturer at the Law 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 Law"，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。
The first interviewer, PhD supervisor of bet365 app、Director of the Institute of Civil and Commercial Law，Professor Zhang Pinghua, Vice President of the Civil and Commercial Law Research Society of the Provincial Law Society, believes that the research topics of the scholars are novel、Think deeply，How should we 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。
The second interlocutor, Wang Dexin, deputy dean of the Law School of Shandong Normal University, believes that the boundary between civil law and civil procedure law should not be clarified too clearly，If the identification of civil subjects in civil law and civil procedure law is not exactly the same。Civil law 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。
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。
Unit 3: Property Rights Section of the Civil Code、Problems on application of personality rights
This unit is taught by Yantai University Law School，Presided over by Professor Liu Jingjing, Vice President of the Civil and Commercial Law Research Association of the Provincial Law Society。
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 Law 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 prohibition 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。
The third speaker is Hou Shenghe, a lecturer at the Department of Law, 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 law: the pursuit of concreteness (or organization) of property law，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。
The fourth speaker is Zhang Chao, associate professor of Shandong Technology and Business University，Professor Zhang took "Benefit Weighing and Judgment of Emerging Rights" as the topic，Focused on the interest theory of rights and the definition of emerging rights、Challenges Bet365 lotto reviewto the Incommensurability Thesis 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 law 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。
The fifth speaker is Yu Xiao, associate professor at the Civil and Commercial Law School of Shandong University of Political Science and Law，Professor Yu gave the theme of "New Thoughts on the Adjustment of Civil Law 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 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。
The sixth speaker is Su Jie, a doctoral candidate at our university，Su Jie takes "On the construction of non-litigation procedures for personality rights injunction cases" as the theme，Focused on the argument of attributes in personality rights injunction cases、Exploration of judicial practice、Issues such as realizing personality rights injunctions 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 standard of probabilities 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。
The seventh speaker is Ren Xiangyu, a master’s student at the Law School of Shandong Normal University，Ren Xiangyu's "<Civil Code>Reconstructing the Interpretation Theory of the Right of Residence" 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。
The first interlocutor, Chen Xiaojun, Dean of the Taishan Institute of Rule of Law 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。
The second interlocutor, Professor Zhu Wenying of Weifang University Law School, believes that civil law and civil procedure law cannot be completely separated，Discussed the personality rights in the field of sports law。
The third interlocutor, Zhong Shujian, associate professor at the Law School of Shandong Jianzhu University, believes that scholars attach great importance to the connection between substantive law and procedural law，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 deserves study。
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 Law Firm、Presided over by Lawyer Sun Ruixi, Vice President of Shandong Lawyers Association。
The first speaker is Zhang Yudong, Professor of Law School of Yantai University，Professor Zhang’s "<Civil Code>The “change” and “unchangedness” of fair liability in China—with<Civil Code>Article 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。
The second speaker is Chen Ying, associate professor at the Law 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 law 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。
The third speaker is Qu Tianming, associate professor at the Law 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 the trust relationship、Inspection from the perspective of comparative law、Interpretation of entrustment contracts under the Civil Code and other issues。
The fourth speaker is Tang Ran, a lecturer at the Law School of Qingdao University of Science and Technology，Teacher Tang’s poem "<Civil Code>The 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 non-immunization programs、Investigation on the relief experience of non-immunization program vaccination outside the territory、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。
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 Bet365 lotto reviewjoint and several liability、Trial 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。
The first interlocutor, Associate Professor Pan Lin of Bet365 University, believes that the Civil Code is the first law named after "Code" since the founding of New China，When civil norms resolve commercial law issues，There may be challenges in benefit distribution，However, the solution of commercial issues cannot be completely separated from the Civil Code，Civil law theory helps solve commercial problems。
The second interlocutor, He Yan, associate professor of Yantai University Law School, commented on the papers of each scholar in turn，Expressed recognition of the strength of young scholars。Considering that civil substantive law and civil procedural law are inseparable，It is recommended that future discussions of the Civil and Commercial Law Society include more scholars of civil procedure law。
The third interlocutor, Wang Liqing, associate professor at the Law School of Shandong Technology and Business University, thinks，The research of the above-mentioned scholars reflects civil law and commercial law、Substantive and procedural law、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 law。
Closing Ceremony
By associate professor at bet365 app、Yu Yongning, Vice President and Secretary General of the Civil and Commercial Law Research Society of the Provincial Law Society, summarizes his thoughts on the holding of this meeting，Announce the list of award-winning students。
Last meeting，Wu Shanxue, deputy dean of the Law School of Shandong Technology and Business University, summarized the meeting，This Shandong Provincial Law Society Civil and Commercial Law 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 law and procedural law，The combination of theory and practice。
Qu Lingmin, associate professor of Law School of Ocean University of China, spoke as the representative of the next organizer，Except Law of the Sea、Environmental Law，Civil and commercial law is also an important subject of Ocean University of China Law School，Professor Qu hopes that all scholars will have full confidence in Ocean University of China Law School，Continue to support the Civil and Commercial Law Society of Shandong Law Society，Share your own research results。
