The Civil Law Research Association of Shanghai Law Society (hereinafter referred to as the "Civil Law Research Association") has more than 200 formal members, including 29 directors. The executive vice president and secretary general of the Civil Law Research Association is Professor Jin Keke, Dean of the School of Law of East China University of Political Science and Law, and the vice president is Professor Xu Lanbo of the Institute of Law of the Shanghai Academy of Social Sciences, Professor Peng Chengcheng, Dean of the Kaiyuan Law School of Shanghai Jiao Tong University, Professor Zhu Xiaozhe, Vice Dean of the Law School of Shanghai University of Finance and Economics, and Professor Li Shigang, Vice Dean of the Law School of Fudan University.
In 2023, the Civil Law Research Association adheres to the guidance of the rule of law, strengthens ideals and beliefs, carries out work around the Civil Code, and establishes the "Shanghai brand" in the national civil law theory and practice.
1. Main academic activities
1. On December 22, 2023, the "Data Element Circulation Compliance and Development Forum" was successfully held at the Xuhui Campus of Shanghai Jiao Tong University. More than 20 experts and scholars from industry agencies, Internet companies, law firms and other relevant units conducted in-depth discussions on the release of the value of data elements and compliance governance. The opening ceremony of the forum was presided over by Professor Peng Chengcheng, Dean of Kaiyuan Law School and Director of the Data Law Research Center of Shanghai Jiao Tong University, and Shi Weidong, Deputy Secretary of the Party Leadership Group and Full-time Vice President of Shanghai Law Society, delivered a speech.
2. On November 16, 2023, a seminar on "Theory and Application of the Contract System of the Civil Code" was held at Fudan University. The conference was hosted by the Civil Law Research Society of China Law Society, the Civil Law Research Society of Shanghai Law Society, and Fudan University, undertaken by Fudan University Law School, and co-organized by Yunnan International Trust Co., Ltd., with more than 40 experts from domestic universities and courts attending. In order to seek the organic combination of China's legal autonomy, the appropriateness of the application of law and the international perspective, this conference brought together domestic experts to focus on the validity of contracts, the performance of debts, the preservation of debts and the assignment of creditor's rights. Wang Liming, vice president of the China Law Society, president of the Civil Law Research Association of the China Law Society, and first-class professor of the Chinese People's University, and Jin Haiyan, deputy secretary of the Party Committee of Fudan University, attended the opening ceremony and delivered speeches.
2. Major academic achievements
(1) Research on the subject
1. Peng Chengcheng (Vice President): Research on the Private Law Structure of Personal Data Transactions, 2023 Annual Key Project of the National Social Science Foundation.
2. Zhu Xiaozhe (Vice President): System Construction of Financial Judicial Value Principles, 2023 Annual General Project of the National Social Science Foundation.
3. Li Yunyang (Member): Research on the Normative Integration of Registered Movable Assets and Rights Security, 2023 Annual General Project of the National Social Science Foundation.
4. Shi Hongpeng (Member): Research on the Interpretation and Effectiveness Evaluation Mechanism of Commercial Contracts, 2023 Annual Youth Project of the National Social Science Foundation.
5. Zhu Bing (Member): Market Governance of Atmospheric Environmental Issues: A Rights Paradigm of Climate Law, 2023 General Project of Humanities and Social Science Research of the Ministry of Education.
(2) Published papers (only CSSCI source journals are listed)
In 2023, the directors and members of the Civil Law Research Association have achieved fruitful results in the publication of papers. The 22 directors and members have published a total of 48 papers in CSSCI journals. Among them, there are 25 law CSSCI publications, 6 extended editions, and 17 general CSSCI publications.
1. Xu Lanbo (Vice President)
The Nature and Judicial Effect of the Negotiation Agreement on Compensation for Ecological and Environmental Damage, Contemporary Legal Science, No. 6, 2022.
2. Peng Chengxin (Vice President)
(1) On the substantive distinction between the right to personal information and the traditional personality right, Jurist, No. 4, 2023.
(2) Discussion on the Scope of Damages for Infringement of Personal Information Rights and Interests: Based on the Scenario of Digital Society, Social Science, No. 4, 2023.
(3) Research on the Reasonable Scope of Rules for the Use of Personal Information Disclosed by Yourself, Journal of Xiamen University (Philosophy and Social Science Edition), No. 3, 2023.
(4) Reinterpreting the Essential Characteristics of Personal Information: Algorithm Identification, Journal of Shanghai Normal University (Philosophy and Social Science Edition), No. 3, 2023.
(5) On the Reconstruction of the Externalization Path of Personal Information Property Value, Contemporary Legal Science, No. 2, 2023.
(6) Persist in promoting economic development on the track of the rule of law, Legal System and Social Development, No. 2, 2023.
(7) The Premise Propositions and Core Paradigms of Digital Jurisprudence, China Law Science, No. 1, 2023.
3. Li Shigang (Vice President)
(1) On the Reasonable Use of Sensitive Personal Information, Jiangsu Social Sciences, No. 6, 2022.
(2) Coordination of Civil Remedies to Regulate Competition Relations, China Legal Science, No. 2, 2023.
4. Han Qiang (Director)
On the Institutional Basis of Income Distribution of Data Elements, Administrative Reform, No. 5, 2023.
5. Gao Fuping (Director)
(1) Cracking the "Private Control of Public Welfare Data": Establishing the Data Open Obligation of Private Subjects, Journal of Central South University (Philosophy and Social Science Edition), No. 4, 2023.
(2) The New Positioning of Civil Law on "Personal Information Rights and Interests", Dongyue Forum, No. 6, 2023.
(3) The Allocation of Rights of Data Holders, Comparative Law Research, No. 3, 2023.
(4) Data Holder Rights of Public Institutions, Journal of Administrative Law, No. 4, 2023.
(5) On the Right of Data Holders, Journal of Chinese and Foreign Law, No. 2, 2023.
6. Zhuang Jiayuan (Director)
(1) Beyond the Dispute over Title Retention, Legal Studies, No. 1, 2023.
(2) Exploring the Rules for Buyers of Ordinary Business Operations of Mortgaged Movable Property, Law Science, No. 1, 2023.
7. Yi Kana (Director)
(1) The order of repayment of marital debts, Legal Research, No. 4, 2023.
(2) Tort Liability of Network Service Providers, Research on Local Legislation, No. 4, 2023.
(3) On the Identification of Production and Operation Husband and Wife Co-debts, Legal Science, No. 3, 2023.
8. Ji Hailong (Director)
(1) Commentary on Article 404 of the Civil Code (Rules for Ordinary Business Buyers), Tsinghua Law Science, No. 4, 2023.
(2) Retained Seller's Right to Terminate the Contract under the Composition of a Retention-of-Title Security Right, Politics and Law, No. 2, 2023.
(3) Liability for Fault without Authority to Represent and Its Reduction, Law Science, No. 1, 2023.
(4) The Internal Basis and Application of the Super Priority of Acquisition Money, Nanjing Social Sciences, No. 1, 2023.
9. Li Jianxing (Deputy Secretary-General)
(1) On the Security of Digital RMB, Journal of Soochow University (Philosophy and Social Science Edition), No. 4, 2023.
(2) On the Payment Tool of Digital RMB, Exploration and Controversy, No. 6, 2023.
10. Wang Meng (Deputy Secretary-General)
On the dual structure of the guarantor's recovery against the debtor, Journal of East China University of Political Science and Law, No. 1, 2023.
11. Sun Weifei (member)
(1) The crutch of doctrinal science and its abandonment, Jiao Tong University Law Science, No. 4, 2023.
(2) On the "Repayment Model" of Property Rights Change, Journal of Chinese and Foreign Law, No. 1, 2023.
12. Yao Mingbin (Member) Normative Structure of the Right to Claim for the Return of Bride Price, Nanda Law Science, No. 4, 2023.
13. Liu Jun (Member)
(1) On the Monistic Structure of Contract Commitment, Tsinghua Law Science, No. 6, 2022.
(2) Questioning the Independence of "Duty Agency", Journal of Finance and Economics Law, No. 2, 2023.
14. Li Yunyang (member)
(1) Functionalism in Movable Property Security Legislation: Origin, Connotation and Development, Comparative Law Research, No. 6, 2023.
(2) The Relationship between Atypical Guarantees and Secured Claims in the Era of Civil Code, Journal of Soochow University (Philosophy and Social Science Edition), No. 3, 2023.
15. Sun Dawei (member)
An Exploration of Negligence in Violation of Protective Norms, Politics and Law, No. 4, 2023.
16. Li Yu (member)
The Substantive Justification for the Sharing of Liability by Co-Guarantors under the Civil Code, Law Science, No. 3, 2023.
17. Liu Ying (Member)
(1) (Translation) The Process and Controversy of Partnership Corporation, Research on the Modernization of the Rule of Law, No. 4, 2023.
(2) Identification and Normative Interpretation of the Nature of "Notification-Consent" of Personal Information in the Platform Economy, Journal of Tongji University (Philosophy and Social Science Edition), No. 3, 2023.
(3) The Generation Mechanism, Protection Scheme and Institutional Construction of Algorithmic Consumers in the Digital Economy, Journal of Shenzhen University (Humanities and Social Sciences Edition), No. 2, 2023.
(4) New Developments in German Consumer Protection Law in the Context of Digitalization, German Studies, No. 1, 2023.
(5) Towards Personalized Law: Social and Private Law in Transition, Research on the Modernization of the Rule of Law, No. 1, 2023.
18. Chen Jidong (member)
Risk-based AI Governance, Rule of Law Research, No. 5, 2023.
19. Chen Yunxi (Member)
(1) On the Relief of Non-performance Risk from the Perspective of Efficiency Impairment, Jinan Journal (Philosophy and Social Science Edition), No. 6, 2023.
(2) On the Restriction of Efficiency Impairment on the Right to Perform Claims, Law Science, No. 5, 2023.
20. Li Yingyi (member)
The Dual Paradigm of the Legal System of Contemporary Government Procurement, Nankai Journal (Social Science Edition), No. 4, 2023.
21. Shi Hongpeng (member)
Method or Legal Principle: The Position of Economic Analysis Method in Civil Law Hermeneutics, Fudan Journal (Social Science Edition), No. 1, 2023.
22. Liu Yang (member)
The Genealogy of Types and Effect Constructions of Duty of Cooperation: Based on the Doctrinal Development of Contracting Contracts, Global Law Review, No. 1, 2023.
(3) Publish academic monographs
1. Peng Chengcheng (Vice President): "Data Justice", Shanghai People's Publishing House, 2023 edition.
2. Peng Chengcheng (Vice President), Editor-in-Chief: Chinese-style Modernization and the Development of Legal Education, Shanghai People's Publishing House, 2023 edition.
3. Peng Chengcheng (Vice President), Editor-in-Chief: The Boundary of Rights, Shanghai People's Publishing House, 2023 edition.
4. Peng Chengcheng (Vice President) is the editor-in-chief of the series of translations of Unicorn Law's high-quality artificial intelligence, and has published books such as "Why Privacy is Important" and "Face Recognition".
5. Fu Dingsheng, compiled by Wu Yiming, "Teaching Records of General Theory of Civil Law", Law Press, 2023 edition.
6. Christian Twigg, Zheng Rui and Yin Anjun, British Sale of Goods Law, China Legal Publishing House, 2022.
7. [Austria] Franz Bidelinsky, Zeng Jian, Liu Zhiyang, Yu Lu, Zhao Wenjie, Lei Weiwei, Zhuang Jiayuan, Ning Qianjing, et al.: "The System and Principles of Private Law", Chinese University Press, 2023 edition.
8. [Japanese] Takashi Uchida, Atsushi Omura, Zhang Ting, Charter Charter, Wang Hao, Ye Zhouxia, Xu Wenhai [Translation], "The Contention of Civil Law", Chinese University Press, 2023 edition.
9. [Japanese] Yuko Fritzscher, Zhao Wenjie [trans.], A Case Study of German Debt Law I. Contract Debt, Peking University Press, 2023.
3. Talent training
1. Liu Shiguo was selected into the Shanghai Legal Expert Advisory Group.
2. Peng Chengcheng and Jin Keke were selected as the first batch of members of the Shanghai Legal Expert Database.
3. Jin Keke was elected as a member of the Standing Committee of the 14th Shanghai CPPCC.
4. Yang Daixiong and Li Yu won the first prize of the 16th Shanghai Philosophy and Social Sciences Outstanding Achievement Award.
5. Wang Nijie won the second prize of the 16th Shanghai Philosophy and Social Sciences Outstanding Achievement Award.
6. Li Shigang, Yao Mingbin and Ban Tian won the second prize in the paper category of the 16th Shanghai Philosophy and Social Sciences Outstanding Achievement Award.
7. Li Jianxing and Shi Hongpeng were selected into the Shanghai Youth Legal Talent Pool.
8. Li Jianxing was selected as the 2023 "Dawning Plan" project in Shanghai.
9. The General Theory of Civil Law, which Jin Keke is responsible for, was recognized as the second batch of national first-class undergraduate courses.
10. The "Civil Law Case Study" in charge of Jin Keke was recognized as a first-class undergraduate course in Shanghai colleges and universities in 2022.
Fourth, the work of party building
In 2023, the Civil Law Research Society will continue to strengthen the Party's comprehensive and centralized leadership over the work of the Research Society, thoroughly study and implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and conscientiously implement Xi Jinping Thought on the Rule of Law.
5. Social services
The directors and members of the Civil Law Research Association have participated in many public lectures. Among them, the Fudan Civil and Commercial Economic Law Salon of Fudan University Law School and the "Law Worship Forum" of the Law School of East China University of Political Science and Law have achieved great social repercussions.
Sixth, self-construction
The Civil Law Research Society has focused on strengthening the construction of the President's Office and the Secretariat, giving full play to the leading role of the President's Office and the coordination and communication role of the Secretariat, and gathering the joint force of the Research Society. On October 10, 2023, a meeting of the president of the research association was held to discuss the strengthening of the research society's self-construction and the recommendation of young legal talents in Shanghai. Strengthening the self-construction of the research society will help strengthen the cultivation of legal talents, establish a mechanism for the discovery and use of outstanding talents, and build an organizational system and operation mechanism for the smooth operation of the research society, so as to ensure that the work of the research society is carried out in a standardized, efficient and orderly manner.