Excerpt from=Li Yongjun: All the way to the north, looking for the aurora of the rule of law sky丨Legal new dialogue source = WeChat public account| Lixin V product
The Civil Code, known as the "Declaration of People's Rights in the New Era", has a total of 7 parts and 1,260 articles, which bring new challenges to legal practitioners due to their wide coverage and large number of provisions. In Li Yongjun's view, the Civil Code has the characteristics of integration and systematization, and although the lawyer industry is subdivided, the study of the Civil Code by lawyers cannot stop at the field in which they specialize. Li Yongjun gave an example of inheritance law-related business: "You can't do inheritance without understanding property rights, creditor's rights, intellectual property rights, contracts, etc., so you have to look at it comprehensively and systematically, which is my biggest advice to my fellow lawyers." Li Yongjun believes that every part of the Civil Code is important, saying: "The era of a case can be done by looking at the provisions is over." ”
In the context of the normalization of epidemic prevention and control, the working environment of all walks of life has undergone great changes, and the same is true for the legal service industry. Li Yongjun said that at present, the "crisis" and "opportunity" of the legal service industry coexist. "The epidemic will increase the number of bankruptcies, which is an opportunity for lawyers engaged in this area, but at the same time, they are also facing many challenges, such as difficulties in restructuring and reconciliation of small and medium-sized enterprises." Li Yongjun gave an example. The mainland adopts the three-in-one approach of "reconciliation, reorganization, and bankruptcy liquidation", but in practice, the reconciliation procedure is not used much. Li Yongjun mentioned that the use of reconciliation procedures by small enterprises to solve bankruptcy problems is both cost-effective and efficient, so the reconciliation process should be paid attention to from the legislative level. Secondly, he reminded lawyers engaged in bankruptcy business to familiarize themselves with the relevant systems of bankruptcy law. The bankruptcy law procedure is complex, involving property law, property law, marriage law and other aspects, so it is not easy to be a bankruptcy lawyer, and it is necessary to systematically understand and master the relevant systems and knowledge.
In recent years, there has been a fruitful academic output in the field of bankruptcy law. Li Yongjun pointed out that "personal bankruptcy" is the focus and hot spot of future research in the field of bankruptcy law. "Personal bankruptcy is a new thing for China's bankruptcy law, and of course it is not a norm." Li Yongjun said, "Subjectively speaking, in the world, there are individuals and then legal persons, but we have omitted what is originally legitimate (individuals). Li Yongjun believes that "personal bankruptcy" should be put into the bankruptcy law. From the current point of view, how to put it and to what extent it is a question worth continuing to study in the future.
Li Yongjun believes that law is an industry that requires a strong humanistic spirit, and for legal service practitioners, professional ethics is only the minimum threshold. He pointed out that lawyers should not only practice for the sake of making money, but should first have the concept of justice and fairness in mind, and secondly, they should have care for people. Just as the recently deceased Mr. Zhang Sizhi once said: "A lawyer should have the wisdom of a philosopher, the passion of a poet, the quality of a jurist, and the position of a politician, all of which are unified in the mission of science, professional conscience, and social justice." ”
- Mai Reading Book List - Commentary on the Civil Code of China Series - "Commentary on the Civil Code of China: Selected Commentaries on Articles" set
One sentence recommendation: Professor Zhu Qingyu and Professor Gao Shengping, editor-in-chief, brought together 70 well-known civil law scholars and practical experts, and took 5 years to build. This series of books aims to connect theory and practice, run through civil law principles, laws and cases, and reshape the civil law knowledge system of legal practitioners. At the same time, it is based on China's current judicial practice, centered on the provisions of the current Civil Code, and comprehensively covers the interpretation and application of legal provisions in practice. This book is detailed ↓
Over the course of five years, 70 civil law scholars and practical experts will take you to bridge the gap between theory and practice and reshape the foundation of civil law
Commentary on the Civil Code of China
Recommendation: This book is the first volume of the normative collection published by Professor Zhu Qingyu and Professor Gao Shengping in the "Commentary Series on the Civil Code of China". The author of this book devotes 480,000 words to 18 articles on the calculation of the statute of limitations and the period of action in the Civil Code, integrates the principles of civil law, legislative interpretations, judicial interpretations, typical precedents and typical doctrines, and presents the legislative, judicial and academic views of all the legal provisions in this field in a complete manner. Professor Zhu Qingyu's recommendation: This book is the author's work of many years of intensive research on the statute of limitations, and it is also the integration of the research on the statute of limitations in Chinese law, and it has pushed this research in mainland China to a new height. As the first work in the series of normative annotations to the Commentary on the Civil Code of China, this book fully demonstrates the characteristics of the commentary that integrates legislation, justice and doctrine, which is exemplary. This book is detailed ↓ 18 articles and 480,000 words, this book makes the "statute of limitations" your offensive and defensive weapon | Zhu Qingyu: It's exemplary
Commentary on the Civil Code of China
After hundreds of years of practical exploration, the German academic community has finally begun to focus on the physiology and chemistry of legal commentary in the past decade. This book is one of the results of this work. This book takes the main legislative precedents around the world as the object of observation, and the sorting out and explanation of the status and causes of their legal commentaries are thought-provoking. Commentaries on mainland law are in the ascendant, and the introduction of this book is timely, so that the practice of mainland commentaries has the opportunity to move forward steadily in the lessons and reflections of other mountains. This book is detailed ↓
It is a panoramic introduction to the history of legal commentaries in various countries, which can be called a collection of "civil law biographies" in various countries
The article represents the author's personal views and positions only
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