Yao Mingbin, male, born in March 1985, member of the Communist Party of China, professor at the Law School of East China University of Political Science and Law. He holds a bachelor's degree and a master's degree in law from China University of Political Science and Law, a doctoral student from the University of Münster in Germany, a doctorate in law from Tsinghua University, and a postdoctoral fellow in law from East China University of Political Science and Law. Shanghai "Dawner", Shanghai "Morning Visionary". His main research areas are contract law, property law, legal act theory, and civil law methodology. He has published more than 20 relevant achievements in journals such as "Legal Research" and "Sino-foreign Law", published a monograph "Liquidated Damages", and presided over the completion of a national social science youth project. He has won the third prize of the 17th Young Teacher Award of Higher Education Institutions of the Fok Ying Tung Education Foundation, the third prize of the 7th "Dong Biwu Youth Legal Achievement Award" of the China Law Society, the second prize of the 3rd Fangde Rule of Law Research Award, the "Tong Rou Civil and Commercial Law Development Fund Youth Outstanding Research Achievement Award" of the Civil Law Research Association of the China Law Society, and the Outstanding Teaching Contribution Award, the Young Teaching Talent Award, and the Young Scientific Research Talent Award of East China University of Political Science and Law. He has been selected as the "Best Teacher in My Mind" of East China University of Political Science and Law for four consecutive years. In 2022, he was selected to enter the Shanghai Youth Law Talent Pool.
Take into account basic areas and hot issues
At the beginning of his scientific research career, Yao Mingbin paid attention to the planning of his own research, and tried to take into account the research of basic fields and hot issues. In terms of basic fields, Yao Mingbin focuses on the research of the liability system for breach of contract law, and in 2018, he published the first academic monograph on the theme of liquidated damages system in China, "Liquidated Damages Theory". The book won the third prize of the 7th "Dong Biwu Youth Legal Achievement Award" and the second prize of the 3rd Fangde Rule of Law Research Award of the China Law Society, and was included in the new edition of Professor Wang Zejian's "Principles of Debt Law" textbook. He has also published more than ten articles on liquidated damages and damages for breach of contract in journals such as Legal Research. Among them, the paper "Type Structure of Liquidated Damages" published in "Legal Research" won the "Tong Rou Civil and Commercial Law Development Fund Youth Excellent Research Achievement Award" by the Civil Law Research Association of China Law Society in 2015. In June 2020, the National Social Science Foundation Youth Project "Research on the Type Regulation of Liquidated Damages Clauses" chaired by Yao Mingbin was successfully completed.
In terms of hot research, combined with the controversy in the process of codifying the Civil Code, Yao Mingbin has made great efforts to carry out research on disposition acts, movable property and rights guarantees, reward advertising systems, etc., with the help of his accumulation in the fields of general theory of civil law, debt law and contract law, and has published a number of special results.
Integrate basic theory and local practice
In terms of research path, Yao Mingbin tries to explore the integration of basic theory and local practice, that is, on the one hand, he implements the idea of basic theoretical research of civil law, and on the other hand, he pays attention to the difficult problems of China's local judicial practice and conducts research on local practice.
In 2016, Yao Mingbin published a paper in Sino-Foreign Law entitled "Investigation and Review of "Validity" Compulsory Normative Adjudication: Focusing on the Practical Progress of Article 14 of Interpretation II of the Contract Law", which tried to focus on difficult issues in local adjudication practice by using the method of group case research, and triggered certain discussions. In 2021, Yao Mingbin published a paper in Legal Research entitled "Normative Structure Based on Consensual Termination of Contracts", which is a work that focuses on the research of similar cases that combines the basic theory of debt law and Chinese adjudication practice.
In recent years, academic work on civil law commentaries aimed at integrating civil law norms and judgments has become popular. Yao Mingbin is deeply involved in the organization of the commentary team and the research and writing of article commentaries, and has published large-scale commentary papers and commentary research papers in the commentary column of The Jurist and Journal of Nanjing University (Zheshe Edition). His works have also begun to have an impact on judicial and legislative practice, with the Supreme People's Court's civil judgment citing relevant views in the reasoning section of adjudication, and the interpretation of the Civil Code of the Legal Affairs Committee of the National People's Congress also citing relevant views as the interpretation of the corresponding provisions.
Coordinate teaching exploration and scientific research development
While promoting the development of personal scientific research, Yao Mingbin also pays attention to exploring ways and methods of "scientific research promotes teaching, and teaching feeds back scientific research".
Whether it is undergraduate teaching or postgraduate training, he will try to scientifically integrate the latest research results into the teaching content to ensure that the teaching vision is at the forefront of theoretical research. For example, with the basic method of claim rights as the core, build a civil law case study course; Another example is to focus on integrating academic literature research and the use of legal hermeneutic methods into the basic undergraduate courses; Another example is to use the case study method as a starting point to guide students to participate in the 17th "Challenge Cup" Shanghai College Students Extracurricular Academic Science and Technology Works Competition, and won the second prize.
Based on scientific research, Yao Mingbin, as the main participant, assisted the civil law teaching team of East China University of Political Science and Law to build "General Introduction to Civil Law" and "Civil Law Case Study" into first-class undergraduate courses in Shanghai universities, and the construction of "Debt Law", "Civil Law Case Study" and "Property Law" were approved as municipal excellent courses and key courses in Shanghai universities. At the same time, systematic teaching work also provides rich awareness of problems and research inspiration.
Responsible editor: Wang Pu, Wang Jieying