Anglo American law, trade law school characteristics and grind Raiders

Anglo American law seems to be Res Ipsa Loquitur dominance in the world today, the facts speak for themselves.
Cite a simple example: why the British and American capital market than any other country? For example, why America and Britain has a huge market, but the German and French stock markets are much smaller? Why is the world's largest financial center in New York and London? Professor Shriver of Harvard University School of Economics (Andrei Shleifer) made a sample survey of 49 countries, through the analysis of data statistics and regression to find out the influence factor of the capital market law. Their research shows that, do not pay attention to the capital market, the financing channels of smaller countries to protect investors is narrow, here is measured according to the level of the characteristics and law enforcement of laws and regulations for the protection of investors. These conclusions are applied to the stock market is also applicable to the bond market. In civil law countries for the protection of the weakest French investors, the capital market is not developed, compared with the common law countries especially when [1]. Anglo American Law of great importance to the protection of the creditors and shareholders, and civil law especially the French civil law to creditors and shareholders of the weak protection of investors, mostly to the countries of Anglo American law system, resulting in a huge gap between the scale of capital market. But Shriver did not discuss the deeper question: what factors in civil law, especially the factors of civil law in France, decided the legal to investors ignore these legislations, indifferent to investors Is it right? Just by coincidence? Or Is it right? These countries interested in the law to make investors in a weak position, so that the family company and the country plays an important role in economic development? More generally, in the government to provide financing and legal environment is there a relationship? Shriver said, we can't answer these questions now, but I hope a future when further discussion.
The common law is common law (Common Law) and equity (Equity). Common law has several parts: Contract Law, tort law (Contract Law) (Torts) (Property Law), property law and the company law (Corporate Law). Equity is the main law (Trust Law) [2], this is because, trust originated in a use design in the early Middle Ages in England's (Use), in order to avoid legal restriction or the protection of privacy as to transfer the property to a minor or a mistress [3], all land or other property of their property to third people, third people to the designated beneficiary and the possession or control of property. So, at common law, third people are the owner of the property, the future once a dispute, the beneficiary in the ordinary courts (Royal Courts) have no relief, so the party began to appeal to the king, the king put these disputes to the Privy Council of Ministers (Chancellor in Privy Council) treatment, the Privy Council, according to the idea of fairness and justice instead of the rules of the common law ruling. Later, use design gradually developed into a trust, these additional common law decision rules is called equity, and the Privy Council gradually divided into the court of chancery (Court of Chancellor).

Above mentioned law, trade law school are set to graduate level courses (refers only to graduate students, doctoral programmes are not the same), the class used are original English textbook, teacher's speech rarely, more students to ask questions or ask questions discussed by students. In order to answer the question, in addition to teaching, we must read a lot of materials before class, so the amount of reading course greatly. In the WTO method, a class to discuss two case, but a report by WTO group of experts on the 50 page! The end of each class, we have accumulated a thick wad of copy materials. A difficult lessons should be USA professor Fredrick Chang taught Financial Market and Regulation "(financial and market supervision". Professor Zhang is over 40, is ABC, a Chinese American born in New York law school, brother JD, Wall Street lawyer, Deutsche Bank chief counsel in asia. He almost not Chinese, the language of instruction in reading materials English. It should be said, to go with the international law have good English, indeed, we understand his words, but do not understand what that means, all financial terms: what Swap, Short selling, Margin,. Until then, after several PhD students to attend the show, see the "capital market -- mechanism and tool" and "investment banking in the financial system" that keep walking. Professor Zhang using the materials of 5, is the preparation of their own, which he gave to Deutsche Bank draft a contract is a textbook. In the second book to us when, suddenly nervous, just get the book he was again recalled, explained that there are very very confidential materials. Remove this part classified materials, we got the book. We are tired, in fact, he taught more tired, his home in New York, work in Singapore, the lecture was in Beijing, so the weekly five one early in the morning to fly from Singapore to Beijing, often see him on the back with a big bag of pant for breath into the classroom with a class ring. We miss Zhang, because he had to ask us to suck up, is having an antique flavour in a near the front door of the courtyard to eat the duck banquet, Roasted Duck not rare, usually eat more, we need the wine, the drink is full of Moutai, Wuliangye. Some drink students holding the bottle filling, back we jokingly said, your stomach now value more than one thousand! That evening, Professor Zhang also very happy, said that usually work pressure, can relax with young people have little chance of. When we asked him, running back and forth to teach Is it right? Very fortunate bitter? He was obviously drunk, shook his head, serious eye through the thick lenses staring at us for a moment, said: "I love teaching!"

Trade law school library collection of books, there are legal writings lots of English original legal books and Taiwan. And Taiwan Law School of Soochow University Law School, many American have good relations of cooperation. Every May, University of Wisconsin law school professor and doctoral students dispatched law (J.D.) and the development of Trade Law Seminar students (Seminar), opened in August, 7 a year "American law summer program" (Summer Program), taught by Professor USA common law, trade law graduate from the Law School of J.D. at the same time America class. As far as I know, some law school last year also opened a similar summer classes, but not with success and influential. This is a traditional problem, not a short duration of time to move on. The Summer Program study not only deepen the understanding of the common law, but also make a lot of friends American JD. During the study, we China students they eat in the canteen of dumplings, with Simon "beef bowl" Stir-Fried Noodles with Vegetables, Ma Lan Hand-Pulled Noodle and Jinshan Hot pot. They stayed in the Great Wall Hotel, so often invited us to go to Sanlitun. At that time, we became a regular HardRock. Through contact with them, I found that some Americans really love. One time we went to see the night view of Tiananmen, met a little girl crying on the square: "Mom -- Mom --!" At that time, we China students didn't care, but American girl Samantha was worried, even said: "Oh! She is lost!" to "Oh! My God!" and personally took her to find her mother, then together we put the little girl to the police. At the same time, the Americans also is very delicate, abnormal hot in Beijing last summer, they visit our graduate dormitories found no air conditioning, surprised, asked us: "How can you bear it?" and suggested that we follow the complain. I finished the last, the school held a closing dinner at the beall center. During the dinner, the students of the two countries now singing, now dancing, gifts and souvenirs. After the dinner, we say, and HardRock made a night. After the end of the course, many students play in China American is enough, some go to Xi'an see Terracotta Army, Tibet some wandering, some via Hongkong. They returned home after we often contact, Shirley from Losangeles with my commitment (she is using promise): once I went USA, she would take me to Disneyland! The New York Theone last winter to one in Beijing, we have about a couple of old classmates in our ward apartment walls bar to celebrate New Year's Eve, singing Happy New Year together to greet the new year. Theone gave me a dream of Latin legal English Dictionary Latin for Lawyers, said New York is traveled around all the big bookstore to buy. Good move!

To be held at Vienna Willem C. Vis International Commercial Arbitration (The Annual simulation game Willem C. Vis International Commercial Arbitration Moot) is a traditional event in the world. In the last ninth games, two of trade law school sent the student athletes achieved remarkable results, ranked first in all Chinese teams participating in the competition, the victorious return. In the school and the Columbia University, University of Montreal, debate, our players did particularly well, won high praise from all of the arbitrator.
In December 16, 2002, the law school won the "success in EU lawyers training" project bidding. In mid November, the European Union community to five University (Peking University, Tsinghua University, Renmin University of China China, China University of Political Science and Law and the University of economics and business) law school issued a project tender training European lawyers in China, bid winners will be on the EU 9 lawyers into the action period of 9 months (January 2003 5 to September 13th) training. Although the time is pressing, but after a tense and meticulous preparations, we required to submit all English materials, to participate in the tender. Came herald the opening day, trade law school beat the other competitors in the standard.

With international law is the national key disciplines, teaching and research of trade law school is the common law is known, has consistently adhered to English case teaching method, the essence of well versed in common law, and cultivate a batch after batch of skilled in the law, economic and trade English and compound legal talents, is one of the legal education in China flower. Therefore, can be said that once the postgraduate entrance examination, enter the trade school, entered the Anglo American law. In the continental law system China, compared with other domestic law, trade law school is unique, different style. Also because of this reason, the entrance examination of postgraduate trade law school test, English case analysis and comparison, some offbeat questions, the higher difficulty. In fact, the difficulty is relative, for there is no entry and cannot find the entry way, certainly difficult; while for discovery learning way, will be in accordance with the correct way to solve problems, and to get high marks in the exam. Therefore, trade every year, more than 90 points of single professional courses score (100 points), this incredible at other institutions. This is why? Because they are familiar with the English case analysis and answer method, that is to say, to find the way. Where's the door? If you have the talent, energy and time enough, can find their own way; if not, you need the guide. The author also non trade graduate, when the stars are like a fly without head, fortunately met a kind-hearted brother to give advice, will seize the brother, often called a bunch of questions. But the graduate students are all busy, often bother other people feel feel shy. But I have no choice. So we had to balance it, not to cannot but ask. It also delayed a lot of things, how many tortuous paths. I think at that time, if there is a professional counseling classes should have much good, it will save a lot of time and energy. To summarize my courses review experiences and lessons and how we see many students, think "selected case of international English teaching commercial law" (usually referred to as "beige book") is the priority among priorities! Not only the high score, excellent teaching and learning in Anglo American law! , helps improve the ability and level of English law case analysis. This kind of analysis ability to join now, after learning, the future work is very important, you will benefit for life!
Hope I can have a good luck.

Notes.
1 Legal Determinants of External Finance, Harvard Law Review
2. Shen Daming: "equity theory", University of International Business and Economics press, 1997 edition
3 Cases and Materials on Trust Law , Little, Brown and Company