Briefing the 2010 Annual Symposium of the civil law will Chinese law (a)

 

      In October 8, 2010 China Law Civil Law Research Association Annual Conference 2010 check-in day, from the morning 8 when, delegates from all over the country have to sign in, conference reception work in order to.

      2010 on 8 day afternoon, civil law study in the Law School of Renmin University of China held the eighty anniversary celebration ceremony and law professor Wang Jiafu thought. Wang Shengming, deputy director of the Law Committee of the Supreme People's Procuratorate Deputy Attorney General Jiang Jianchu and the Supreme People's court, the main leadership, national law school this research association, vice chairman, executive director and director attended the meeting. Professor Wang Jiafu summarized the main contribution to the study of China's rule of law and jurisprudence delegates, including the legal system of socialist market economy framework, the strategy of governing the country according to law and thought, promote human rights protection into the constitution. This activity is an important part of this year the institute.

      In October 8, 2010 21, Civil Law Research Executive Council held a preparatory meeting of the first session in the Changping campus of the China University of Political Science and Law International Exchange Center China law society, standing council president, Professor Wang Liming, Professor Xian Zhong, executive vice president of the sun, the Secretary General professor Zhang Xinbao, vice president, Professor Wang Weiguo, Professor Ma Xinyan, Professor Yin Tian, Professor Liu Shiguo, Professor Yang Lixin, Professor Yang Zhen, Professor Guo Mingrui, Professor Cui Jianyuan and the executive director attended the preparatory meeting.

      The conference by general secretary Zhang Xinbao presided over the main agenda, including: A, review the "Chinese Law Civil Law Research Association in 2009 work report" (Draft); two, approved by the civil law "in 2010 annual meeting agenda" (draft).

      President Wang Liming spoke first, the Executive Council members welcomed the arrival of, and be sure to undertake unit economic law school China University of Political Science and Law and conference preparations.

      Secretary General Zhang Xinbao on the "Chinese Law Civil Law Research Association in 2009 work report" (Draft) made a report to the Executive Council members, including: introduce the main work a year in 2009 to the civil law research will China law problem research, personnel changes are illustrated, and the civil law research will do in the future the prospect of many aspects of the work. Vice President Wang Weiguo on the work report made a supplementary amendment advice. Finally, the meeting unanimously applauded by the draft work report.

      Subsequently, Secretary General Zhang Xinbao on the annual meeting of the General Assembly agenda to make detailed introduction, executive director of the conference, meeting arrangement on packet details are discussed in detail, finally by the applause "2010 year meeting agenda" in civil law.

      In addition, ready to work of Professor Li Yongjun to the meeting made a brief report to the executive director of the conference; Vice President Sun Xianzhong spoke positively about the work of the past year of the civil law will Chinese law.

      The preparatory meeting for the 22 time end. As of press time, the annual meeting of the conference reception work is still in everything in good order and well arranged according to plan.

 

The research of civil law will China law

The 2010 Annual Symposium

(second)

Host: civil law research will Chinese law        Host: China University of Political Science and Law College of civil law and economic law

October 9, 2010 Morning

                                                                    

Mesh    Record

The opening ceremony (Professor Wang Weiguo)

The opening ceremony of

The Secretary General professor Zhang Xinbao work report will China law civil law research

Speech by President of China University of Political Science and Law professor Huang Jin

Speech by Prof. Lin Zhongliang vice president China law

The Supreme People's Procuratorate Deputy procurator general Jiang Jianchu speech

China University of Political Science and Law professor Jiang Ping speech

Speech by civil law society president Wang Liming professor Chinese law

◆The theme of the conference report (Professor Li Yongjun, vice president Yang Zhen chaired the)

Sun Xianzhong: eight problems in city housing demolition

Chen Xiaojun: farmland rights system and operation mechanism

Yang Lixin.Task based on tort law and the integration of East Asia

Yin Tian: the debate on civil law object -- from the "general rules of the civil law" and "property law"

Guo Mingrui: the protection of the rights and interests of farmers in new rural construction and the city of

The opening ceremony (Professor Wang Weiguo)

The opening ceremony of

The opening ceremony of the China law society research professor and vice president Wang Weiguo chaired the. Professor Wang Weiguo announced the leadership and guests attended the meeting.

Mr. Jiang Ping, Professor of China University of Political Science and Law expressed his happy mood and the circles of civil law of the future development of the earnest hope that in his speech. Hope the civil law to carry on the sense of responsibility and sense of historical mission, and innovation, the spirit of unity and struggle, and at the same time, Professor Jiang Ping also hope that scholars of civil law should be closely linked to social practice, to promote the Chinese civil law to the magnificent direction to make their own efforts.

President of China University of Political Science and Law professor Huang Jin on behalf of the speech. After a brief introduction to China University of Political Science and Law law education and achievements, said Professor Huang Jin, a good law university may be very attached to it a college or a university law, civil law, civil and commercial law of his subject is not very strong, it is difficult to build a civil law department, if a good law school or good law university. Professor Huang Jin thinks that the meeting was held in China University of Political Science and Law is to build a good platform for our national civil law scholars of civil law in academic exchanges, a very important opportunity is the teachers and students of China University of Political Science and Law to the experts and scholars from the off campus learning, ask, is the China University of Political Science and Law with our domestic law circles colleagues to consolidate friendship, strengthen cooperation a very good chance.

Civil society president Professor Wang Liming, the Supreme People's Procuratorate Deputy procurator general Jiang Jianchu and other scholars have done the last report, Professor Yang Lixin presided over the foundation awards!

The Civil Law Research Association Secretary General Mr. Zhang Xinbao makes working report Chinese law

Distinguished leaders, distinguished guests, ladies and:

Leaders, members, Fellow Deputies, I entrusted by the Standing Council of this research will be to the conference report last year's work. Report the following aspects. First, academic activities and foreign exchanges, this year is the academic activities and foreign exchanges are very frequent in year November 14, 2009, Civil Law Research Senior Forum held a workshop on Sino American tort law draft and the Renmin University of China School of law, civil and Commercial Law Center, Yale University American, in the same month 27 days to 28 days, held the seminar on the tort liability law, from the Sino Japanese scholars have made serious discussions on the draft of tort liability law, put forward a number of suggestions. Some Law Committee adopted.

At this time, we accept the contractor of the law seminar series, the main there are 09 years in June and the law society America held the tort liability law seminar held in July last year, and both sides of the civil law seminar, conference got the Law School of Sichuan University and other support units in chengdu. Yesterday we successfully held the professor Wang Jiafu eighty birthday celebration and legal thought seminar, the preliminary decision yesterday will be the outcome of the meeting together into a book, the time will be published later.

In August 6th this year by the civil law study group and Guangdong Province law, civil and commercial law of the people's University of civil and commercial law science research center co host of the Dongguan City People's court hosted the seminar of civil and commercial law and civil law in Guangdong Province, the utility will also successfully held in Dongguan.

Second, with the law society's work, in recent years to strengthen the intensity of work, do a lot of self construction and academic aspects of the work of civil society, we conducted a comprehensive coordination, first with the law will perfect the management regulations, the organization and preparation necessary for organizations registered nationwide. In second, the executive director of the China law earlier this year will be held in Shanghai of the enlarged meeting, the vice president of the Shiguo Professor Liu as a representative of advanced units to speak this study, introduce the experience. In June this year will be submitted to the research work and experience of foreign exchange in the past five years to the law society. In September this year, vice president Professor Wang Weiguo Research Association participated in the organization by the Chinese law of non legal forum, and submitted papers, speeches, presided over the meeting. This year summer vacation this research will send backbone in summer training courses organized in Harbin Chinese law, have a good effect.

The following third aspects reported is awarding activities, this year, we made three important awards. We also held fourth sessions (Awards Tong Roumin commercial law), a few comrades named the outstanding research award.

A still more important awards event is in accordance with our Chinese law will deploy, elected the sixth session of National Ten Outstanding Youth jurist person, read, review, public trial, finally elected Long Weiqiu participating Chinese law sixth session of National Ten Outstanding Youth jurist.

Fourth aspects of personnel changes, this research will come one year did not change, though some individual units proposed supplementary suggestions, but decided to the study and will not discuss personnel changes. A resolution last year has been made by the Supreme People's court, addition of a vice president served as vice president of the research, this work is being negotiated with the Supreme People's court and political departments, will soon come to a decision result, without the need for the meeting.

Finally, some suggestions for future work, I want to talk about four aspects. The first is to continue to do foreign exchange and cross-strait exchanges in civil law, next week, President Wang Liming will lead a delegation to visit Taiwan, civil law, civil code of cross-strait ninth seminars. In addition, at the end of this year will USA Harvard University, China Law Center organized large-scale tort relief seminar, next May will invite domestic and foreign delegation to visit Beijing, Wuhan, Shanghai City, to carry out academic exchanges.

The second idea is to guide the propulsion research, especially the research for the civil code system and the legal system, strengthen agriculture, farmers, rural problems of civil law research, plans this month to host international law forum in Shanghai and Suzhou, during the meeting will be announced the establishment of the international civil law forum, and institutionalized, held annually civil law study as the main organizer.

The idea of third aspects is to strengthen the research of its own building, including extensive contact with director, universities, academic institutions, and strengthen the cooperation with Research Institute of provinces and autonomous regions in civil law.

The last assumption is strengthened and the substantive departments, including extensive cooperation and cooperative research and legislative, judicial departments and other administrative and judicial departments.

The above is the annual report to the General Assembly on behalf of the Standing Council do, your approval, thank you!

 

 

Speech by President of China University of Political Science and Law professor Huang Jin

Distinguished leaders, distinguished guests, colleagues, teachers, students:

Good morning everyone! Autumn in October, it is one of the best season in Beijing, we are in such a beautiful season, today China law of the civil law will be held in China University of Political Science and Law, we see the civil law scholars, should say this and to, unprecedented, I and our colleagues at the China University of Political Science and Law to be able to have such an event held in China University of Political Science and Law is very happy. Firstly, on behalf of China University of Political Science and Law, on behalf of all the teachers and students, to all the leaders, experts and scholars, distinguished delegates expressed warm welcome! Also like to take this opportunity to sincerely thank you for a long time on the China University of Political Science and Law's care, support and help.

    There is a saying in our academic circles, we say science is academic, if it was true, civil law may be significant in law school, because in all disciplines of science of civil law, it is one of the most important basic disciplines. You know I was engaged in the private international law teaching and research, we generally speaking students, science of private international law you must first learn the civil law, the foundation of civil law. Because of the conflict of private international law conflict of civil and commercial law is different between different countries, a comparative study of the civil and commercial law, law applicable to US law is actually speaking of a foreign-related civil relationship. So the civil law is very important in science. In a sense, a national civil legislation, civil law of a country, represents the level of legislation and the law of a country's level of.

    We Chinese law civil law research in all the president's leadership, has long been committed to the civil law academic exchanges, establish dedicated scholars of civil law in the national organization of the participating countries of civil law. Both the general principles of the civil law, the early marriage law, inheritance law, or we've seen lately issued property law, contract law, tort law and so on, everyone can see it embodies our civil law experts and scholars present effort, should say is the crystallization of our wisdom. So I would like to take this opportunity as a peer, civil law research on our China law, show our respect to the experts and scholars, all of our civil law circle counterparts.

    A good law school, I believe that a good law university may have to attach great importance to the construction of civil law, which, if a college or a university law, civil law, civil and commercial law of his subject is not very strong, it is hard to say it is a good law school or good law school. We know that China University of Political Science and Law is a law for the characteristics of the University, 58 years, we should say China University of Political Science and Law attaches great importance to civil subject construction, put it as a legal priority among priorities of discipline construction. Over the years, it should be said that Mr. Jiang Ping and the older generation of scholars in civil law under the guidance of the construction of civil law, we should say, China University of Political Science and Law, obtained the very good development, a larger scale, reasonable structure, excellent quality, first-class civil law academic academic team formed basically. In the administration of teaching, scientific research, social services and so on should also make a lot of achievements, has been highly recognized by domestic and foreign counterparts.

    Of course we made China University of Political Science and Law civil law achievements, in addition to our team of their own efforts, I think we should thanks to our distinguished civil law experts and scholars for a long time we China University of Political Science and Law civil subject construction concern, support and help the construction of civil subject, so I would like to take this opportunity to urge our academic colleagues continue to support us China University of Political Science and Law.

The meeting I think is very important, the research of civil law will be held at the China University of Political Science and Law China law, is actually for our national civil law scholars of civil law academic exchanges to build a good platform, I think our conference is not only a platform of domestic experts and scholars to carry out academic exchanges, a a very important opportunity to our teachers and students of China University of Political Science and Law experts and scholars from the off campus learning, ask, is our China University of Political Science and Law colleagues with our domestic law to consolidate friendship, strengthen cooperation in such a very good chance. So I sincerely wish this academic year will be able to achieve complete success, wish you have a good time at the China University of Political Science and Law. Thank you!

The secretary Lin Liang speech in Chinese law

All the leaders, experts, Comrades, we are full of festive mood, from all over the country gather capital of Beijing, held the 2010 annual meeting of the civil law will China law society, this is an important event in the law of civil law in China, plays an important role in China's civil law and civil rights development, therefore I represent the Chinese law of Civil Law Research Association Annual Conference 2010 held a warm congratulations. My sincere greetings to attend the meeting of leaders, experts and Comrades.

In recent years, Chinese law civil law research in China Law Association vice president, Civil Law Research Association, Professor Wang Liming organization leadership, practical research and international academic exchange law in many aspects, has made many valuable results, made important contribution for the perfection and implementation of civil law in China the. But the future tasks will be more arduous, the civil law is one of the basic laws of our country, closely related to civil law and continuously improve the scientific implementation and National People's production and life, it is not only related to people's civil rights and interests protection, but also related to the economic development, political stability and social harmony. Research of civil law will directly improve our civil law and implementation services China law.

The glorious mission and important, we have made arduous efforts and significant contribution, we still have a lot of difficult things to do, hope our civil law study will make persistent efforts, with a more enterprising spirit and more abundant research achievements and colorful, make greater contributions to the development and implementation of our country the civil law.

Comrades, the Party Central Committee attaches great importance to China law will work, high expectations, the majority of legal workers at the beginning of 2009, Hu Jintao General Secretary of the five Standing Committee of the political bureau attended the sixth meeting of China law and the articles of association, made important changes, the Party Central Committee and the Sixth National Congress of the new task. In the face of strong and hope the Central Committee of the party and political requirements, including the study of important historical responsibility Chinese law has a long way to go, really. Our general legal workers must make the Party Central Committee of these requirements and hope deeply in mind, put it into action, not encouraged by the party and people hope.

I would like to take this opportunity to report to you what is to organize the implementation of law of ten special planning Chinese law society, in which the primary core issue is the rule of law, research on the overall strategy of building a socialist legal system, which is a huge and complicated system engineering, need to be focused as much as possible of the party and the country, especially the collective wisdom of the legal profession, we hope that all the experts, scholars in law can take an active interest in the study, based on a thorough investigation and study and theoretical thinking, frank and sincere in table high perspicacity, in order to better implement the basic strategy of governing the country according to law, build the socialist country quickly and give advice and suggestions, provide overall strategic research report relatively heavy weight, value relatively high for the Central Committee of the party.

Finally, I wish the conference a great success, thank you!

The Supreme People's Procuratorate Deputy procurator general Jiang Jianchu on behalf of the professor practice speech

October is the season of harvest, I have two to two hope, a congratulations congratulations is the civil rights act of 2010 year will be held in China University of Political Science and Law, then congratulations, I heard the secretary work report long, congratulations on civil law society a year to score more fruitful, tired. Two hope, a hope, civil society can promote our country to finish compiling the code, second hope scholars in civil law to base Chinese in China such a great history, in our country, establish more scientific, democratic, Chinese civil code system.

Thank you.

China University of Political Science and Law professor Jiang Ping speech

Very glad to attend our annual meeting, also welcome to China University of Political Science and Law to open this year. For a long time our civil law is always centered around the notion of talk, or private law character of civil law is particularly prominent. But the draft from the property law in our process, we will find the real right law or the first time such a very prominent reflects the relationship between public law and private law, should first see in real right law in the process of drafting, between civil law and constitutional arguments. Civil law and constitutional debate involves not only after the first who question, not only relates to the main one who from the question, actually involves a very basic problem, is the main body and the constitutional law in dispute.

Property law the drafting process we can see, the property law did not adopt the traditional division of the main civil law, natural person, legal person is divided, but the use of the constitution, the state, the collective and private this concept, so that it is facing a problem, the two concepts how compatible? On the one hand is the state, the collective and private, is a natural person, legal person, the two do together? I think we now from the legal profession has not, or civil law scholars on this issue is no more elaborate. How to solve this contradiction? In the civil law which is never the subject of the collective, and our property law, the collective all can as subject to appear? Of course, the final answer is, our civil law which collective is limited to collective ownership of land. Then it discusses enterprise have the collective? There is a legal person, collective enterprises is to the corporate form, so it is not contradictory. Countries in the civil law which is of special subject, and in our property rights law which is one of the important subjects, not as special subject. But the state-owned enterprises are also put in the main concept of it, so these problems are worth to think deeply.

We can see in the property law drafting process, faced with a contradiction between land rights and land management. Because land cannot do without management, but also in the real right law before the "land management law", so the property law, land management law to modify, expropriation and compensation problem we now design also involves public rights, also want to develop, relates to the registration problem of land, but also there are laws need more detailed provisions. So in the "land management law" in the drafting process, or in the modification process, we will find a debate, in the land management law revision process the right item in the right to write it in, but in the end no, on land, in the immovable on the issue, the public law and private law is what relationship? Is public or private, or the two is the connection between what kind of relationship, as if our civil law scholars did not study well in this issue.

The third problem is related to the problem of tort, we now know that the property law came out, people's rights consciousness is greatly improved, or relating to the compensation of land expropriation and housing levy process appears more and more disputes, property law which we expressly provides no abuse of rights, private rights can't abuse, the public cannot abuse. But the provisions of our present law which rights are violated, is more power to infringe upon the private rights. So the power to infringe upon the private rights this point should also explore to further. What the abuse of public power manifested in what areas? I understand now the public to private rights, one is that many, but on the other hand, there are some clear rules, and under what circumstances constitute the abuse of public rights. But for the abuse of our private right after all how? I think now research is not enough, what constitutes the right abuse, the abuse of rights in what aspects.

Some civil law scholars can't be in the right and self-confident when you answer this question, in some cases a little feel hard against public opinion, as long as the people he was right, it also took a wrong direction, because we are not the populist, we are not all to the people's interests as our goal, we or are to be analyzed with the law which is right, what is wrong, what is correct and what is the use, abuse, do not solve the problem, a very important problem Chinese society, the protection of private rights can not really to implement.

 So I think to put our private real implementation, must be on the relationship between private rights and public power, especially to do a more in-depth study of these aspects by property law reflected.

 I think our civil society under the leadership of Comrade Li, vice president, and Council leadership, obtained very great progress, I also hope that the civil society to achieve greater results in the future, thank you!

President Wang Liming professor of civil law study will Chinese law

Dear leaders, Fellow Deputies, ladies and gentlemen:

Good morning, everyone. Our civil law circles in the autumn of October colleagues gathered at the China University of Political Science and Law this law education heavy array, please allow me, on behalf of years would tell you get to extend a warm welcome to China University of Political Science and Law, also made great efforts in preparation for this meeting, the principal Huang Jiang teacher today, busy schedule to visit our meeting heartfelt thanks!

    Our civil society in the last year of all my colleagues in the society organization and actively participate in national legislative, judicial, for the cause of civil legal education and research should be to make our new contribution, especially in the last year we participate in the formulation of tort law, after the law has been involved in the relevant judicial interpretations, vigorously publicize the law, it should be said that do a lot of effort. Society also actively participate in international seminars, CO and undertake some important academic activities and promote academic exchanges, and participate in local laws and an important conference, and with the China law exhibition opened a series of activities, which we have done a lot of work, and achieved certain results. The secretary general did report also won the unanimous affirmative. President of the week, the Secretary General to learn Lin they repeatedly work gave a positive evaluation as the law society, it is also of great encouragement to us.

    But we also should see, civil law career is really a long way to go, we shoulder the burden is still very heavy. We are now the civil code is not issued, now the main part has been completed, but not yet published, also need to further efforts, in order to promote the China civil code, to promote a China characteristics of the civil code based on the China future oriented to come out, to actively, to make our due contribution.

    We are also committed to stand Chinese reality, Chinese practice, painstaking research, scholarly research with great concentration, to solve practical problems China, including China legislative, judicial and other aspects of the practical problems to continue the introduction of new achievements, to make our new contribution continuously.

    We should work together, to learn this platform, through this platform to mutual cooperation, exchange of academic thinking, access to academic information sharing, academic achievements, promote the academic exchanges, continue to use this to launch the new achievement, new ideas.

    We should make a concerted effort, our society into a harmonious unity, to learn, to make our due contribution to the development of using this platform to cause our country civil law. I believe that our society in Chinese law society under the leadership of the strong support in the US, the jurist, in the joint efforts of all of our civil law kernel, we learn the various aspects of the work will strive for further improvement, our civil law must also be more thriving and prosperous business.

    The following arrangements I a keynote speech, I just spent 10 minutes on a topic, relief function of tort law, I want to talk about some aspects of the problem. Around the relief function of tort law we should say that there are a lot of new development, we say that the legal system is the core of the public right of private rights, and comprehensive remedy the victims is fully the needs of private rights, should say the full relief victims and fully guarantee the right there is a unity. Now the tort law is around the full relief to expand, to develop, it is the important development trend of the law of tort, also is the inevitable trend of development, to adapt to such a need, we should say that the tort law has many new innovations in many aspects, I want to talk about a few view.

    First, we in the tort liability law seventeenth first establishes the same accident, the same standard of compensation, just modify and perfect the judicial interpretation of article twenty-ninth, and determine the different death compensation rules, make up for this deficiency, but also further improve the death compensation system. But this one because there is some controversy in understanding, I think first of all there appear to be the concept, I personally think that this can not be arbitrary norms, should be understood in principle we should be applied to such a unified emergency use the same standard of compensation, unless there is a special case, you can't applicable. In case the judge must explain reason. Secondly, here the same standard of compensation, my understanding is not high on the low standard.

    In addition to this rule is also solved the problem of applicable rules of mass tort and legal basis for the problem we will encounter later, also can say, if our tort law Is it right? Involves large-scale infringement, this can be said to relate to the problem of mass tort.

    Second, our law of torts is unique in the responsibility system, the responsibility to this question sparked intense debate. You know the tort liability law of Germany, France is basically built around responsibility system, because the whole tort liability act out in the autonomy of private law as the value orientation, the ability to judge the fault liability and responsibility as the premise. The German Civil Code of no capacity or a person with limited capacity situation, the incapacity caused complete exemption, if the spirit of patients in their own property, causing damage to the victim, complete exemption which is very unfair. We defined, first has the property of the ward for the first order, as long as the property, first by him to bear the responsibility, and then to the guardian's responsibility as a second order, no matter what happens, as long as the guardian is not property, not compensation, the guardian should be responsible, not exempt, only according to the guardian's ability and the differences of his responsibility, appropriate to reduce the. We believe that this rule is based on the victim's right relief, not only has the China features, but also conform to the actual situation China reality.

    Third, the concept of the tort liability law of product liability damages have great expansion. As we all know, outside the European product liability law distinguishes the defective product damage and defects in the product damage, the rules on the quality of our products to clearly set down, but in the actual operation down to see, this classification is not reasonable, because in many cases, the parties may not be able to distinguish between what is the defect of product students, which are defective products. Our Contract Law Article 22 also adopted a competing system, can only choose one, when several damage occurred at the same time, the victim to choose only one, may be part of the damage is unable to remedy, and disadvantageous to the victim, the tort law in the formulation process, product liability under this chapter, the concept of damage in the regulations, 41 to do the provisions, product liability inside say what damage includes damage of various kinds, is not only the outside of defective products or defective products from damage, can according to the product liability claim compensation, the victim is not always beneficial provisions.

    Fourth, in our medical products liability, we restricted the development of risk defence, development risk counterargument is that many countries are universal rules, if the existing science and technology can not be found or could not avoid the defects, so producers can use this as the defense request for exemption from liability. Damage to blood unqualified cause of our tort law, likely to cause significant harm to the victim, and reality, the urgent need for relief, for this reason, the provisions, as long as the resulting in blood is not qualified, because the existing circumstances, the development of science and technology at present can not do all the testing can pass, at least 5% of the blood is not qualified, despite the existence of the problem, 59 the provisions of tort liability law, still have to bear the responsibility, mainly in order to strengthen the protection of victims. From this point of view, we have restricted the development of risk defense.

    Fifth, in the environmental tort, concept expansion of damage, the past polluters and polluters to polluters, the pollution into pollution is actually expanded environmental damage relief scope, not only limited to the pollution damage, pollution damage, including all kinds of pollution damage. Especially the Tort Liability Act sixty-fifth amended the general principles of the civil law, the provisions of Article 124, the violation of the regulations of the state Protect environment pollution prevention the words out, which means that the tort liability law repels the elements of illegal sewage, regardless of Is it right? Caused by illegal, as long as the damage to the legitimate compensation, even sewage, damage to compensate, the reason why I don't say in detail.

    Sixth, we in the motor vehicle traffic accident liability, construct the relief mechanism, the tort liability, liability insurance and social relief three mutual connection, form a complete mechanism to provide relief to the victim, to construct the mechanism can be said to be an inevitable trend of development of law. In the tort liability law which we first set in a motor vehicle accident damage, the liability insurance to compensate, in part by the lack of tort liability, tort liability and liability insurance to link up, especially the provisions, in a motor vehicle accident escape or motor vehicle does not buy insurance case, by the social rescue fund for medical expenses, rescue costs help, advance. This is the social assistance and tort liability is also connected to. Interaction between the three, formed a the effective relief mechanism.

    Seventh, in the highly dangerous liability, we put the highly dangerous activity again clearly strict liability, or liability without fault, the 1986 123 general principles of civil law, once the highly dangerous liability provisions of strict liability, but later the railway law to the general principles of the civil law rules made significant changes to the strict liability, fault liability, is not conducive to the protection of victims of this modification from the point of view of practice, the tort liability law in order to strengthen the protection of victims, once again become the strict responsibility, this is a very significant change. So the electric shock accidents, if we are to be in accordance with the applicable law of tort liability it is strict liability, not exempt the operator's responsibility.

    The last point I would like to briefly talk about on the height of parabolic damage, and if they cannot find the infringer. This in our social assistance is still very limited in scope, is not possible to provide assistance in such a case, may not have been in the tort liability law of the tort compensation measures to rescue the victim, meant the parabolic towers caused damage, because upstairs thrown object to smash into severely wounded, this time also can not find social assistance to help, we can not make the innocent unfortunate victim fully assume this unfortunate injury, how to do? Is the building use, including owners, the property company, took out some money to provide a bit of relief and comfort to the victim, the help is also great, the necessary. But from the damage prevention it is also very effective. For example, a case of Shenzhen, the upstairs often throws things, many people were killed, finally hit a child, but always can't find people, since the court decision by the small property company to assume responsibility, the property company will buy two probe is arranged on the outer wall of a building, then no longer that tall parabolic damage. The rules promulgated, many court reflect, it should be said that the rules are very good.

Because of the time simply talked about here, wrong place please correct me criticism, thank you!

Civil Law Institute Vice President Professor Yang Lixin awards China law

Professor Yang Lixin announced the fourth Tong Roumin commercial development fund Youth Research Award (omitted)

 

 

 

 

 

 

The theme of the conference report (Professor Li Yongjun, Professor Yang Zhen)

Eight problems in city housing demolition

Vice President      Professor Sun Xianzhong

Thank you for Congress to give me such a chance to speak, also thank you, you and I together to discuss our country city demolition among these problems.

If from the legal theory, relates to the property law legislation follow-up questions, the mention of such a problem, we are very clear, it is not a theoretical problem, but a, even with the brutal, bloody social problems. Although property law provisions of article forty-second of the basic principles of land acquisition and relocation, but also highlights the government's responsibility and obligation, but even so, the law of some design stop city demolition billowing waves, not contain the local government leading city construction of the enthusiasm. With such a wave and enthusiasm, as we all know, in our country there are many should not have the miserable situation, people even in the life to fight.

    Many people set themselves on fire, many people jumped into the river, the recent one thing is all self Immolation, a people Dutch act is very much, on the other hand, the government continues to emphasize a stick to their own interests. So these years, after the promulgation of the property law, in order to study the law the following things, we have been concerned about, I'm doing a major issue a China Academy of Social Sciences, doing research, I have a design, involves a very important principles of property law, but also we first proposed public rights and people's rights to equal protection of the problem, put forward the principle, as everyone knows, after a lot of controversy, and finally after all also wrote the law. But such principle is not good, so we wanted to choose such a topic to treat this problem to promote.

    But in the middle of this topic do investigation, we found this topic is too big, related to the city, countryside, citizenship, personal, relates to private enterprises, we can not do, then we can make it down to the city demolition issue, even down to the city demolition this problem, found the problem is still very large, content still a lot of. This project has been basically completed, I want to tell you eight things today, I do some thinking in the research process, to share my view.

    First of all, the concept and the Government Land Management land finance charge realistic conflict, conflict between ideal and reality. What is the ideal of socialism? We all know that Marx had earlier proposed differential land rent problem, Marx proposed the concept of mean some people without labor, solely because of their land position and earned more than others a lot of interest, this is the land located in different positions and interests, Marx believes that this phenomenon is not normal, is not justified, so he proposed differential land rent should not is a normal phenomenon. How to eliminate the differential land rent, Marx did not mention the idea. Then we China appeared thinker Sun Zhongshan, Sun Zhongshan you may not have noticed him in this regard socialist idea, but Sun Zhongshan of socialist ideas in this aspect is very strong, Mr. Zhongshan first proposed average land ownership share interests, what is his idea? The average land prices down is this meaning, Marx differential land rent concept in Sun Zhongshan here has been the implementation of specific land policy, land tenure, private right on average to the public, the price part down, through the value-added tax or other methods to close to the public all.

    Later, after the Communists came to power, that Sun Zhongshan's practices are not completely realize the ideal of socialism, so he proposed to unified land ownership, sharing location, all land, unified right down, through this method so that the public can share the good, the land value-added benefits to the public by the society to enjoy, this is the socialist the ideal. This period of history and of course there are a lot of historical data, I will not say. Such an ideal, then before the reform and opening up, we combine the planned economy system has established a free land use system, and then to the community, city public housing allocation method, so that the public can enjoy favourable geographical position, we think that this approach is consistent with Marx's practice. Reform and opening up a few years ago, especially to the Shenzhen began to make DC, we found it difficult to continue free land use system, the reason is the use of free land in the land of great damage, some people infinite expansion of land, much of the problem of land acts, causing great waste of land resources. Then we proposed the use of the land system of paid use of land compensation, to final just in order to curb the problem of land destroy the land waste phenomenon. In 87, 88 years to start pilot market reforms, until 92 years later, will be converted to the market mechanism, the market mechanism is the system of paid use of more powerful, completely rely on market supply and demand relations to solve the problem of the middle value of land use. In this regard, our government and later after operation, there are some government proposed to the government land management the concept, is the city land will be owned by the state, by the government unified land leasing the right to exercise. This is called the level of the land market monopoly, this system is probably in the early 90's, especially 95 years will be established. It is the meaning of both collective land or other city land, this land is non market oriented land, but to allow it to enter the market, it must be first into a unified state ownership of land, and then by the state to exercise unified land leasing the right to exercise, motivation and purpose of transferring land rights the most important and later became a land leasing, then the Ministry of land and resources with the so-called bidding, listing and other methods, greater emphasis on the land transfer fee as the land market must be a legal means only.

    So we see, we established the land ownership is to realize the sharing of benefits, at this stage it becomes for land leasing this goal, but the land leasing price is more and more high, in some local governments, as well as we know, like Shandong and Weihai, have been clearly defined, you must pay land leasing gold before the land developers, land ownership can give you, this is the law means. But these places do not do, because for land leasing, developers have to develop a house, for land leasing, developers have no money to develop, the government and the developers signed the agreement, you have to sell the house and pay land leasing. Is there such a phenomenon after the terrible phenomenon, developers and government formed a community of interests, the government for land leasing goals also lies in the developers sell the house object, so developers value interests and the interests of local governments fully together. This situation is entirely from our earlier established land public ownership of socialism ideal. Because of this, we can see, why the government is so powerful, spare no effort to promote city demolition, and even sometimes, although the central government, like Wen Jiabao personally led the arable land protection measures, but the local government has a lot of measures to solve the cross this barrier. I heard that the Ministry of land and resources, the leadership made a lot of temper, but can not solve the problem.

    Expo Hongqiao airport expansion, the expansion of only one square kilometers of land, the government later expanded to 34 square kilometers of land, why? Because the expropriation of land, an acre of land to farmers 300000 yuan, to the developers to sell a mu of land is 1370000 starts, the government to do so. Later, a man named Huang Rong, and her husband made weapons and against the government. We see this kind of situation, feel that the government land management issues, this is the first problem to be solved in the concept, many of our local government, even some of the mayor, I speak of real right law in the association of mayors, they a lot of people think our ideas, especially my idea is to protect the poor, but they who can not see who is behind is advanced, which is the most basic problem. Now in charge of land finance, Beijing, Shanghai, Shenzhen has little land, and many of the big city of Guangzhou, is the second fiscal beyond fiscal first, government land sales income more than enterprises are a lot more money. So the land requisition, why do we see so many murders and things, not an official so punished, because the local government think they are advanced. I think the socialist idea and land finance value conflict problems, I hope you good attention.

    We don't like the teacher said, the socialist system of ownership, the ownership of land, this is our purpose, no, a legal means to achieve the value of ownership only, and this value is to share, the Marx doctrine is to share interests, Mao Zedong era is to enjoy favourable geographical position, it is the goal of socialist common, now you see, this goal in what place? And now law textbooks, you see, is the state ownership as the highest goal of socialism, you think it right, there is no such situation, the reason to think about you. Now I'm not civil society vice president, I was the socialist Academy of Sciences researcher, I like with you, sharing my thoughts.

    The second problem, the legal relationship between the demolition work, conflict of virtual relations and relations of reality, this is the second question I want to study, what is virtual relationship, what is the reality of the relationship? Just by talking about the operation of land as we all know, the operation of land is the farmer's land upper back, the owners of the land back, and then sold out, so the government has a hand on the two. This is the real legal relationship, and the virtual legal relationship? The legal relationship of virtual is regulations intermediate such regulations, regulations between 13 such provisions, the demolition process, the legal relations of the parties are the owners and developers, developers are taken, the owner is the demolition, between the two of them legal relationship, and the government is coordinated the position, from demolition management regulations Perspective, the government is a kind of in the middle of the moral blemish free status, while the real legal residents is building developers and owners, so the two of them are always fighting, the government in the back part, don't fight, to coordinate. This is our legislation on the big problem, let me see. In fact, through the analysis, we study the civil people look on the analysis to the government, the actual is put back, and then sold out, why the government do? Charge high fees, for leasing in this process, our 1991 regulations don't reflect. Government in which only the money, does not bear any legal responsibility and obligation, and legal relationship really is consciously hurt. This problem is a big problem, I have to say the problem for several years, I in other places also talked about this problem. Especially Shanghai Huang Rong this thing out, Peking University teachers according to my idea to write five articles, books to push this thing to the central. When the power was slowly strong, a lot of people to accept this concept. Many people do not accept such a virtual legal relationship and the real law conflict, they think it's like the government, and worst of all, the design about the relocation program of our legislation, the demolition process is the government to recover, and then sold, while the government not to do so, the developers first this report to government projects, was the owner of the land, the government has to give developers, have to do big cards, and then he talks with the owners, the owners and developers, so that they had to fight, the government is behind, the money you gave me, made me no matter. They actually no matter how? Developers encounter against government owners, you see what time standing on the owner's position, are supported, including court also is such, support developers forced entry, the house to dry down. Even the evening sleep at night people, said the fire was out, the others house down. Also appeared in the China a very funny, funny is not shameful, dedicated to build the Demolition Company, the Demolition Company is black society, is the specialized Demolition Company, like a Hebei Demolition Company, to find some people from Beijing, who hit, people have to shoot a few, then developers say we don't know this, old people say do not know why do these people to beat us, who we have ugly complain? The government said, look it up, so to bully people.

    You think the reason, in fact this intermediate, the government and developers to form a community of interests, this phenomenon should consider legal relationship, not well is a big problem. We must from the legal relationship between the true start to solve this problem. In the Legislative Affairs Office of the meeting, I would say, I speak very carefully, I was persistent, then the demolition management regulations is delayed, postponed to this year, the State Council Legislative Affairs Office and said it once, I make my views. I am a tendon, quite straight, I think the reason must persist, not because of that, our own to have a legal relationship, put the government on the moral blemish free status, this is terrible.

    The third point is about the legal relation, what are the specific legal relationship? Practice on this issue is not the legal relations simple, our civil law relations as we all know, is starting from the right and obligation, what right have what obligations. From the civil law knowledge I own shallow view, there are four legal relationship, the first layer is the expropriation of land, the owner of the rights of ownership to destroy, kill after return to the hands of the government, the second legal relationship is sold, establish land relationship with developers. Third legal relationship is made to the owners of the damage, whether to give compensation, from the civil law sense, relates to the tort law. Compensation should follow the law of tort law and rules, this dispute. The three legal relations generally can be recognized, but also a legal relationship, legal relations in the process of social security problems, until now also ignore the. In fact, you think, why people are willing to earlier demolition demolition, in fact is to change a chance for people to change their housing, the living conditions of the opportunity, but at the same time change and improve the money come from? We know that this money from the government, but commercial housing development, we analyze, this money come from? Buy a house from the owners, the government has no social security money, social security money should be who? Is it right? Buy a house owner is responsible for those old people's life security? In our country there are such examples, can guarantee the security, can't ensure the interests of owners will not damage, this is Jiuxianqiao development of things, there is an old factory district, the government later decided, let everyone vote to decide whether or not to be taken, you said this is very good, for decades has not changed the housing conditions of the chance to change, but the final vote is all wrong, why? Because the house is at the airport route, the house is not high, how high the original can only cover how high, under such circumstances, the old owners will be accelerated, the housing area can not increase, then the building volume rate will not change, volume rate is not increased, and reached an agreement with developers, the developers only through improve the unit price, the price is down, the old workers can't afford to buy a house. In other places, the rate of increase in the volume, developers sell the house to the market, the market withdrawal of the money to support the original demolition, but now can not do. Such prices than commercial housing prices high, people are very disgusted, sounds to our interests, how can we buy a house than commercial housing prices high, then they firmly opposed, this project was rejected.

    Then the government is very strange, say to you the ballot box, how do you abuse of democracy, but damage to their rights. We think, this problem in this. So the social security since ancient times, especially under the socialist system, should be the responsibility of the government, the government should this money to solve this problem, we have with people form expectations, you do good, old to provide you with the housing, which is the political contract, up to now the government does not fulfill, let the society to fulfill social affirmation don't assume. This is the four legal relationship, I just said four, not four, make a concrete analysis of down more.

    You think about the public interest clause, Article 42 of the property law established the public interest clause, we had to use this public interest clause, use this clause, encountered such a big controversy, this I do not want to say, I just said the legislation research, public interest and I also saw Rome and the law of other countries, I looked at it, for the public interest, our civil law has not explained, even the Constitution and other laws did not explain, why these very intelligent predecessors did not explain the terms? We can understand this is a mistake we had legal philosophers? For this problem I think carefully, and to learn, then I suddenly understand, this is not the sage's mistakes, because the public interest as a legal terms, since ancient times should not be our civil law terms, that it is not a restriction of person in civil law, including the law of enterprises practice, legal persons of civil law, including civil law firm, I put this truth is simple, use this perspective to the developers, although the developers, like Ren Zhiqiang, they say, oneself also the pursuit of public interest, but this is a lie, we don't believe. You do business, at least your workers wages, you have a profit, you have to pay for you not to make money, how do these values? So the pursuit of private enterprise, the pursuit of money this is very normal thing. We can't take the public interest clause to restrict business, and this is our legislation to now, including civil law intermediate sometimes there are mistakes, once the teacher criticized this view, he believed that the enterprise to the pursuit of public interest, also should engage in civil buildings and so on, which are not justified. Because it is not possible to make the enterprise the pursuit of public interest, public interest is what terms? The actual limit of government behavior in terms of.

He said that, after another time report, thank you!

 

 

Farmland rights system and operation mechanism

Vice president of Zhongnan University of Economics and Law    Professor Chen Xiaojun

    Honorable chairman, distinguished colleagues, especially our Jiang teacher, good morning! Should the host asked me to give you a speech here.

    This speech today, for me, it may be a very easy thing, because just put some of their own ideas with 20 minutes of time is stated, but at the same time I also think it is a heavy topic, because he mentioned about agriculture system problem. Yesterday afternoon in the end Teacher Wang's birthday and legal thought of the seminar, we finally hear is family teacher's words, my family the teacher's words made a simple record, I feel touched me greatly. Thought I and my team in recent years doing some research with social welfare, social conscience, but it now appears very insufficient, morning again listen to Jiang Ping teacher in a speech this, I feel and yesterday we family teacher talking about the different approaches but equally satisfactory results. Therefore feel greater pressure. Yesterday the family what the teacher said I want to repeat. He said I hope the civil law research will be the spirit of civil law implementation, especially about the spirit of civil law, now the public power often intervene in civil rights and interests, this is the Chinese trading results, we should do what kind of efforts, hope your research with practice, brave to open up, must have the spirit of play, not looking at,,, should be the positive suggestions, let our civil law, let our people more prosperous, people's rights are implemented, make people more happiness, real rights. This is a family teacher from the heart of a paragraph.

    I think, be easier said than done, but we still have to adhere to, stick to. The topic today is actually two questions, one is the integration of rural land rights system, one is thinking of running mechanism, this problem is in fact we have other disciplines of stimulation, or is the influence of other disciplines. Study on the three agricultural problems in other disciplines, especially economics like a raging fire, ten years is not bad, but we have an empirical study on the subject of law, there is no research in this field? I think some, but frankly, the lack of system research, continuous study, this really need social conscience. Because every time each township, out of time, you must spend a lot, but does not have any personal interest.

    We started with the theory and empirical from 2001, there are seven large-scale to the countryside, the biggest one is a year 12 provinces, has a minimum of 8 provinces and 4 counties, is based on agriculture system directly, so the legislation research. Now we can't jump to conclusions, because of too many problems, interlinked.

    First, land system is to carry out, we review for the land rights of land system of the problem put forward the conception is clear, two sentences, the first review and the effective integration of the current rural land rights, land rights system is the basic premise of legislation, we must eventually return to the real right law in civil law, return to the pawn. This premise, such a framework is not, there is no such a general logic, the idea is not to go. So what is the logical thinking, what is the frame, if we do not know there is no way to study.

    The second approach is from the empirical analysis to theoretical study, eventually we want to model the text provides a legal system of rural land, also must be based on the basis of. So we spent a lot of time in the farmland system, in the eyes of the public is very simple, is not content, real right law centralized ownership, management rights, land use right, regional power and so on, but we don't think so, because deep down you will find. We have a principle, to understand the internal structure, to focus on the external constraints, three aspects of optimizing the internal structure of farmland rights system, the first level is the core system in which only one, is the only one kernel, is the collective land ownership. What is the collective land ownership, we often have such research, the criticisms, theoretically it, from the angle of legislation or in practice, speak Ye Hao, is for all the peasants interests of members, in the name of the collective organization of enjoy land use rights, but is a prominent problem research reflected two, as a main body, and the body is very strong, very has the right, but the problems reflected very prominent, one is the administrative functions of the village collective bearing down all his private property, the village collective all character is more for the completion of the political functions, what economic. Function is not basically, ignoring the economic function. Now the most obvious and prominent saved us. You can have a collective economic organization, say you have a cooperative, this is not about professional cooperatives, is about your community cooperatives, is your collective village cooperatives, no legal provisions, of course, you can and the villagers committee for one, now merged into one, in fact, that is not the problem, not the problem of photosynthesis as a whole, is covering problem.

    The next question is, because the owners attempt nothing and accomplish nothing role may be swallowed, for the public, have individual farmers through what way to participate in the exercise of ownership of land, the return code share land ownership and powerless, this specification does not, the farmers do not enjoy legal rights, but also collective also have no way, is my take what to give your problem. This situation affects their expectations of collective ownership, we survey data is clear, a few times revealed that nearly 50% of the surveyed farmers did not know the specific functions of the village collective, and such that view of the collective, or is to look forward to, or think they incompetent, respond to them. Farmers covered by collective ownership gains omnipotence, exclusive benefits, longing for the strong and simple. So the system must be designed to endow the content and collective ownership should be, with full respect for the proceeds from the sale of land. And the national collection, safeguard farmer specific, individual in the completion of the final economic service and so on, the problem just shiann Jong professor talked about a lot of problems related to city residents, the city has not taken now pure city demolition, demolition of first city, city has no move can be broken up, how to do? In the village head, this morning I entered Changping, a neon light first see the screen is written: early and early active, early and early benefit, early and early development. I remember once, and what, who, who, who benefits? And make it look like a slogan, let everybody to surrender.

    In fact, now the real demolition is discounted farmers house, or is to consider how the land finance from the farmers to get a point, while they also do not know the value of time, how high to profiteer, transferring land country, I think the more unreasonable, the national land can take to leasing, and is the country yourself regulations, every year we called from this land levy, the levy a quotation mark, transfer payments received, according to the NDRC released 7000 to 8 billions, the government land revenue. But the state specified, your collective land to the peasants, the establishment of contract management right, the right of ownership of light out, without any consideration can give you, you is to be left with nothing whatsoever of collective, collective and hard to do this and that, the new rural construction, the effective implementation of the new economy, and the social security fund to provide, to accuse you of not doing that does not do, what group take the collective interests and the interests of members. It is a little bit of financial transfer payment, to the village cadres hair wages, there are some village cadres told us, that every year is thousands of yuan of salary, finally let us make a newspaper more than several thousand, we have to lose money for newspapers. Collective ownership collective finance all, did not play its due role, but now we are accused of collective, farmers also have to accuse him, complain, this is the irrational system. Indeed many problems there, so it is about the collective ownership.

    Two months ago we survey found, not a national collective land ownership of the registration, whether now officials, farmers may say, that we all know, which is what we all know, do not need to register to register, but we say one reason they became clear, but if the government also say, that's the layman, this is intentional.

    Second aspects of the right system, the main rights we think from a practical point of view, there are six to seven items, which is derived from the collective ownership of the rights, can only be peripheral second layers, the first is the right to the contracted management of land, which is a product of the household contract management, is the peasant collective fall some independent property right, is a major means of employment and social security. This is the current according to focus on legal norms and social, and is also the focus of academic research. But where is the real problem? Is it right? Understood, I think not. We found that two issues, the rights of the independent exercise a problem, the problem in general, now everyone is more alert, including farmers themselves are very alert, the collective is relatively clear, but still have the infringement occurred, because we are doing the land arbitration activities, found that the cancellation of the agricultural tax, the problem around very much, some cross cutting issues, some is left to the problem. You think not, as a member of the right, his right where you came from, he may be born not so right, possibly originally has also lost, he won the future safeguard what.

    Land transfer problem, thought is not adjustable, we study should be divided into three steps, the development over the years, two people to ten people, it should adjust? Should be adjusted, allowed to move, how? The subject of collective land ownership can solve this problem, you don't tube too. Not until the end, is why not? Because of the social security, the real social security up, our social security with subsidies now, not the real social security, but also has three point, take a little, take a little country collective, take a little, now with what? Now the country only thirty million farmers enjoy security, other people do not enjoy. How could it not be adjusted in such incomplete social security system, not to transfer his membership right from which reflect, how can have their most basic survival benefit, also do not talk about the development.

    The second level is the collective construction land use rights, the system I have two evaluation, the law does not give sufficient specification, this kind of right of use is widespread in China, but the specific exercise, due to different levels of economic development have a greater difference, not to say.

    The third is the land ownership, property law, very profound meaning, but only four, configuration is reasonable or not is related to the stability of rural society.

    Fourth is the rural regional power, as a human life to turn material resources to good account, use case, in such a question, there are many rural areas the right side of the field, ignored everyone not to, and regional power which many rural regional power, large area in the village. Unfortunately the lack of understanding in these rural areas, there is still a long way to go.

    Fifth is a plot of hilly land problems, legal basic has not made the rules in property law, only the mortgage involved, the problem and the right to the contracted management of land, and land use right is not a thing, it is very independent, but there has been some society capital research plots farmed hill.

    Sixth is the farmland mortgage problems, is the practice of walking in front of our legal system, let us feel feeble. Mortgage popular. In addition to other rights will not say.

    The third level is the other land rights, third layers of rights refers to what? Mainly refers to the collective ownership of land requisition compensation derived from the right to levy, farmers social security right and his members of the right, the land development rights. Among the three kinds of realization, we must pay attention to agricultural land rights interests, this is the objective problem after finishing comb, should be a win-win situation, is the collective interests and the interests of the members of the collective, is very necessary, carrying too many features, not the lack of the China reality situation, to form the interaction, can not care for this and lose that. Then the external constraints, this is the actual public security, in order to safeguard the socialist public ownership of land rights, land expropriation rights, rights of environmental protection, land administrative rights, including food safety issues, should be a security problem, coordination problems, this is not to say.

    The last point is the operation mechanism of rights, I in my paper mainly point six, the collective land ownership should be realized from the operation mechanism of public power, which deviates from the private property, should let the land ownership return operation mechanism has the reality, the right to land contractual management to standardize the relevant concept, strengthen the no efficiency self circulation, expanding space, combined with national conditions, determine properly enjoy the land ownership qualifications. Land in the land management law says a lot, now that the government has no interest whatever, useless, and improve the relevant legislation, strengthening the legal right to use the land, to comply with the requirements, restrictions to cancel the land use right transfer is not reasonable. Land registration system it is very necessary, special attention should be paid to the collective land registration.

In a word, we feel, on the construction of agricultural land system, especially the state not with civilian dispute benefit, benefit to the people, it's a difficult steps to go, I hope you take some time, spend a little effort to study the issue of agriculture Chinese. Mao Zedong once said a word, China problem is not many, only one, is the problem of farmers. I saw abroad also has a famous scholar said a word, a nation cannot take farming and the poet are treated equally, want to let the country thriving and prosperous is not possible. I will speak to this, thank you!

Task based on tort law and the integration of East Asia

Vice President Professor Yang Lixin

Thank the host gave me this opportunity. I want to report the progress of East Asia of tort law, before I want you to say a few more words, tort law in the future civil law passed in December 26th last year, we mainly do three things, the first thing is to make the tort liability law judicial interpretation of the draft, the draft made a draft in June 30th, published on the website, and later held two meetings, one in Hainan, a large conference attended by more than 200 people, this meeting over later, got a very small meeting, one by one are discussed, and then modified, form now feel satisfied draft, make 133 of the tort law suggestion draft. We further provisions that now.

The second work is ongoing, is published before the tort liability law provisions on the tort liability of all the law to clean up, this part sorted out, probably finishing nearly 300 laws, and then to elect more than 200 articles, from after finishing, this part will study, and to explain, will completed before the end of the year, the proposal to increase the Supreme People's court before the end of the year, the research results of the special law publishing.

The third work is on July 2nd, second days of tort law implementation, in Mr. Yang Zhen's support, in Heilongjiang east of the tort law seminar held, will be a dozen experts initiated the establishment of the East Asian Institute of tort law, set a plan, the popularity of East Asia of tort law, this part of the work is progress report, such a problem.

About the Asian tort problem we want to should have a goal, it is to be after some effort, can well model law of tort law in East Asia, East Asia or the model law of tort law, to achieve this goal, in fact the I want to have two aspects, one is the European unification of tort law, this is a great impetus to our. And the restatement of torts America law and American uniform trouble method. Unification of tort law and demonstration should be able to do so, I want to Is it right? Such consideration, we think that after the discussion of Tort Law Society of East Asia, East Asia tort law society construction goal and the East Asia Institute of tort law is the aim of a unified Asian tort law, and for the future of integration with the European unification of tort law, USA tort restatement of the law and so on, the model law of tort law is to formulate the international, with the possibility of such. We talked about this last year, at least to the Eurasian integration, integration and then American integration. Such a goal, we want to Is it right? To obtain research results in this area. An in-depth excavation of the cultural integration in East Asia is the basis of tort law, the second is the study of the similarities and differences of East Asia integration of tort law, legislation and academic point of view, insist with East Asian characteristics theoretical system on tort law. Third to select the typical cases, then the trial, compared to the outcome of the trial.

We want to Is it right? So, realize the integration of East Asia Model Law, tort law, based Is it right? There are so few, the first is the East Asian region have factors ethics in history, tort law second East Asian countries the law have the same characteristics. The fourth point, Chinese tort law through the legislative process of four years, has completed the legislation, we have accumulated experience in legislation of tort law in such a process, it is different from other East Asian countries thought legislative area. In this process, we summed up the experience is not on the East Asian unification of tort law. On these issues, we think, Is it right? Can give the experience to develop, to the process of unification of tort law in East Asia, we want to Is it right? Good method.

We want to Is it right? From European unification of tort law of such a plan, we consider the initial plan is five years, after we study together, think it quite hard, it is very hard for five years to complete such a demonstration method. After a thorough discussion, we want to model law is not uniform framework to study the East Asia tort law in the thirteen question, to study from these thirteen problems, the thirteen problems are mainly ten problems, are the general problems of tort law, the tort law of European unity is to take these ten problems. There are three types of tort, the research, in the modern social risk may occur under tort problem transnational, so choose three compare research. I have to say simple these problems.

The first is the protection scope of tort law, it is not exactly the same, to sum up, this is a little. Second is the tort law rules, principles and scope of adjustment, the main problem is the same. And about the problems of illegal behavior, this part may be more controversial, especially our domestic some scholars oppose, after comparing how to consider. Fourth damage, fifth is a causal relationship, there are many causal claims, the operation method is not exactly the same, this part can be summed up that everyone can accept. Sixth is the intentional and negligent, seventh is the common tort, now there is a growing trend, in this case we Is it right? To confirm to what extent is the most suitable degree. Eighth is the tort liability forms, that share the special research American tort liability, though we have explained, but did not make specific provisions, there can be further abstract rules made in this respect. Ninth is the compensation for damage, tenth is the defense, to sum up, something common to abstract out. The ten is the general problem, and we chose the three most prone to transnational problems, eleventh is the product liability, the legislation now is generally good, but now the product liability provisions are too scattered, some product quality law, tort law is based on our experience, how can the rules of product liability, to abstract from East asia. Twelfth is the environmental pollution, the pollution of the environment related to the interests of the state of each different, how to coordinate the good. Another problem is the problem of network infringement, this part of South Korea and some experience is worth to draw lessons from Japan, there are many good methods, summarized out, it will be better.

I tell you all so much, it's very complex, experts and scholars, if there are willing to participate in the study, I very much welcome. Thank you!

Debate on civil law object -- from the "general rules of the civil law" and "property law"

Vice President  Professor Yin Tian

Dear teachers, dear friends, hello! Just shiann Jong professor and Jun Professor speech is very exciting, we listen to people who are very excited, but we are excited at what? Must have a very important reason. Yesterday the civil law research in NPC held a family teacher eighty years old birthday and seminars, then put the video, released when Jun teacher mentioned family teacher word is in the video, we found that the family teacher repeatedly emphasized that a word is the spirit of civil law, when I was thinking, what is the civil law spiritual family teacher, he did not say. At that time we thought he would not speak of equality, because equality is a basic thought of everything, not only is the civil law. Then I thought he must have said sacred private right. Jun said the words down, in fact the problem. With his life experience and political wisdom, want to achieve I want to also is this thing.

I submitted a paper to the conference, this paper was published last year, a publication in Shandong is not known published last year, to submit to the general assembly, but forget, this year I submitted, I think this question is very important. The adjustment object of civil law in thirty years ago is the debate is utterly routed, with economic law dispute. In the future? Now it's the age-old question, do not have what problem, the general principles of the civil law promulgated in 86 years of early settlement, without discussion. But we all admit, we China development history of civil law for 30 years, is China economic system to reform a development history, and in many complex issues affecting the progress of the civil law, the survival and development of the civil law, the object the establishment is of great significance, not only is this problem involves the formation of Chinese society private relationship, refers to the legislation on private law division, and Chinese living reflects the specific social conditions, the fierce confrontation and the game between public power and private right.

Just talking about land acquisition and relocation, is actually the two kinds of rights talk in a fight, we see what is China civil law obstacle to progress? I think one of the biggest obstacles is the private nature of the civil law denied. About this problem, we would solve the general principles of the civil law, if 86 years have shown, in the legislation on the expression of civil living space, it has no problem, and the 99 year we promulgated the new contract law, civil law should require China the task has been completed, all right. But the problem is that the 2007 law established by us, very few of us have noticed, in this law, this law was enacted in fact make the adjustment object of civil law into a fuzzy, I think this problem is possible for us to develop China future civil code to form a new obstacle. This problem is not mentioned in the level of awareness, we will not be able to pay more attention to it, to pay attention to it. But just Jiang Ping the teacher's speech also mentioned this problem. In this regard, all these years I wrote a few articles, direct and indirect discussed this problem, this article is somewhat summary, the topic is: Debate -- object of civil law from the general principles of the civil law real right law, but also has a subtitle, is 30 years China civil legislation main obstacles to the formation of re formation and to overcome the. This article has been in the papers, no longer speak. Just tell me the conclusion and main points of view, and the main idea, why to want to raise this question.

The article is divided into three parts, the first part is about the historical contribution of the general principles of the civil law -- equality between the subject; all second title is the confusion of Real Right Law -- equality between the subject; the last is the conclusion.

The first part, I will talk about two issues, the general principles of the civil law of the great historic contribution, the object of civil law, civil law object is not only the division, not a technical issue, in fact it is to solve the civil nature of the problem, the civil law is stem what of, solved this problem. So here, I talk about two issues, one is with the economic contract law of 81 years of losses, the question I want to say is, the background for the economic contract law nearly 30 years ago. Everyone is very clear, the system reform has just begun, when the state-owned enterprises property rights one, who dare not touch, so that the reform can only begin to invigorate the circulation, thus forming a transaction, it will have a dispute, you must have a rule, so the contract legislation began to become the main target. This actually led to a very large, very fierce debate, a division of the argument is about the object of civil law and economic law. This argument delay for a long time, the surface appears to be related to the division standard of civil law, economic law of the two legal departments, but the focus is actually concentrated in the contractual relationship between enterprises should belong to adjust. We saw early in the argument, theory of economic law must prevail, because the relation of unity and said very in line with the prevailing Chinese economic and social background, was that. So the theory of civil law is emphasized, the economic contract law of the actual announced early economic law theory of victory, you see the legislative purpose when economic contract law was written in order to ensure what, there are a lot of. The court this time set the economic division is completely different from the traditional civil court, is the performance. Such a barrier for us to form.

But I also point out that, in fact China economic development very fast, then a few years very very fast, so the economic contract at Fab, the game during the transition period of initial initial nuclear plan the economic development period is the commodity economy, so in that case, the economic contract law although the guiding ideology is the public law, but because of a trading contracts, a variety of natural characteristics it has, in the law had to reflect, including equality, freedom of choice, autonomy of private law, contract relative potency and so on, can not go, into the economic contract law of the private law idea still irresistible this law, promulgated after the total of 18 years, although this contract on the relationship between public right force, but you are not blocked. This law has become China real people and government officials on their concepts of private law, the first primer private right.

The second problem, and the general principles of the civil law of the work I did, at that time, the theory of civil law is very weak, but there are many scholars of the older generation who are always looking for a support point of civil law theory, then we noticed, the earliest tongrou professor discuss gradually formed in this stage, the question is that we planned economy be abolished, commodity economy began to revive, in Beijing to the next, after the general principles of the civil law in the economic contract law of five years, 86 years has been worked out. In our view, the general principles of the civil law is a very rough law. For incomplete replication in the continental law system, some important innovation to make our China scholars efforts, today it seems not too successful, but under the specific historical background, the general principles of the civil law for the first time, person's life, health, honor to protect it, the protection of personality right up, so called China the first part of the Universal Declaration of human rights. The general principles of the civil law is actually more important significance, first is that we China civil law to create a living space in legislation for us, the space in the general principles of the civil law article second for civil law given by the expression.

There are three main theories of public law and private law adjustment theory, including interests, and the body, and membership, the doctrine is that what is the public law, what is private law, the doctrine has also been criticized for not perfect, unequal relationship we have in the tube, guardianship, the relationship between a company and its community members this is not, the relationship between equal entities. There are countries between the international law which kind of relationship, and some local governments in foreign countries, they can also be established by public law contract average, their inside some common problems in the public law. It is not a look is not great knowledge, but the problem is that in twentieth Century seventy's early eighty's, we under bad conditions in closed, some of our scholars in such conditions, completely through their own thinking carry out such theory, put forward the theory guiding the formulation of the general principles of the civil law in fact. So, this is the general principles of the civil law, the problem seems to be solved.

But then, by the time of the property law legislation, lose one's beyond recognition, the reason may lie in the US 30 years ago about the object of civil law controversy is entirely because of contractual relationship, contract relationship in station caused to whom this on the adjustment, on civil law theory, is based on the relationship of trade. Adjustment of the static property, in the past the adjustment object completely isolated, so the question does not understand, did not study well, so when making real right law problem must come out. That is to say, we believe that such a civil position we have been made, but in fact we say it's still early, free enterprise, singing songs, but the public rights is still strong, but also look at fiercely as a tiger does. On the property rights disputes, three questions show, the first problem is the ownership of the three division, national, collective, individual, presents a problem, the state is the principal of equality? Conclusion our study is not a civil subject, including the nature of the state ownership of the problem. The second question is about the draft of property law constitutional crisis, others to attack us, constitution state property is sacred and should not be occupied, some others reasons, national interests, public interests, will certainly be higher than the personal interests, you can say that the legal status of equality? How do we answer, not too clear, origin of this crisis is our property law the students without the adjustment of the target clear, we put the property law task distorted, we actually protect what? Our civil law is the protection of private rights, our principle is the sacred private right, the inviolability of state property, it can not enter the private sector.

Another enterprise, legal person, property, the ownership, the object of adjustment is still in dispute is a problem, is the separation of two rights, we think that this problem has been completed, no problem, legal system, the company system to solve, but I have until today, this problem has not been solved since found, the property law does not recognize the enterprise the legal ownership of their own property, of course, we do not know do not recognize ownership can enjoy, intellectual property can enjoy, we do not know, because the body does not recognize the ownership. Of course, this problem is involved we ignore the problem, in this issue, you deny the corporate property ownership, the purpose is countries enjoy to state-owned enterprise, it is state-owned asset, those who represent the interests? The public interest, if so, state owned enterprise with our other civil subject equality? So now we are facing such a problem, we adjust the object of chaos, the chaos immediately involved in civil code making civil code, you do what thoughts, when you talk about land expropriation, based on what your idea to analyze and discuss and design the related system of civil law, civil law and nothing else, thought is a sacred private right, we say, your footing to leave this will lose one's beyond recognition, this problem we must recur to the Shenhua team, to know it, to help the civil law scholars to complete we should take the historical mission.

Thank you!

    The protection of the rights and interests of farmers in new rural construction and the city of

Vice President   Professor Guo Mingrui

Because I have no paper submitted to the general assembly, the assembly did not arrange my speaking, as professor Cui Jianyuan things, so I speak ad. I thought for a moment about what? I reported problems, protect the rights and interests of farmers in new rural construction and the city in the morning, listening to the speech, many people told me this question a bit, because I was the last one to speak, I would take the time to grasp the very strict, ahead of the end.

The rights and interests of farmers, the main rights is property rights, property rights and interests is the main land and houses, as we know, many farmers earn is to build a house, a house built on land, this land is your own, so the farmer rights and interests protection must be related to these two aspects. In addition to Comrade Xiaoping about rural problems are the fundamental problems Chinese, should seriously address, I feel very reasonable, but I would like to add a word, China rural too complex, around the situation is so different, comrade Xiaoping after many times of field investigation, I think that is still not enough, he mentioned the retention Hill plots, from the Constitution and the property law are mentioned, but in fact there would not exist. Retention Hill plots of we eighty's don't exist, we don't exist retention Hill plots of this right.

The construction of new countryside and city of the farmer rights and interests protection, there are two issues worthy of our consideration, the first question is about the collective ownership change, from the promulgation of property law, we clearly recognize that, collective ownership of land into state-owned land, there is only one way, is the collection, in order to public interest tax, he can change in land ownership settings, but we have not seen from the land management law to land management regulations also provided for a change, a channel of land ownership in rural settings is urbanization, land management law stipulates, Land Management Ordinance is still the continuation of the provisions of article second of the following, all land belongs to the state, a provision, city planning area of land. Our city in the process of rural land, how to change? How will it change state, a way of city planning, change, expansion of the city, expand the city, planning changes, rural land into the country, do not levy. Just tell the collection costs low, said Shanghai 30 acres of the event, now 300000, would not have to spend, a planning, the infringement of the rights of private right is very serious, I repeatedly stressed, we must think of a way to modify the provisions. But when the property law promulgated, the real change still retain this one, this is a very serious violations of the legitimate rights and interests of farmers behavior.

Second problems, the new rural construction, our party and the state of their care, in the new rural construction, now there are three kinds of practices, or three new rural construction of channels, a small village to village, changed its name to the community; two is the building demolition of buildings, cottage; three farmers into citizens, as we all know, the farmers into the public, in the new rural construction, consideration is the interests of farmers, to the interests of farmers, but this is not the willing. What is the point of departure? In order to land, transferring the problem just mentioned of state-owned land, the demolition of the city, but our country after all in the management and control of construction strict land, now the local construction land index has very little, almost no state-owned land reserves, how to do? The homestead is a channel, the homestead is the construction land, the cottage down cover into the building, the farmers become residents, homestead is the construction land index, it is the farmer's rights behavior, is worth vigilance.

But in the process, the more important benefits of housing, land use right, land contracting authority, can not transfer, our law does not a have such a provision, but we have to say, that is prohibited. To find out, as only the land management law, farmers rental housing sold, not regenerate the homestead, never said transfer. Our property law does not prohibit the right to transfer the land contract, of course, also did not admit to transfer, but did not say no, but we have to actively protect the interests of farmers. Many scholars said, this is the foundation of farmer based industry, which is the basic guarantee of farmers in the main, to the interests of farmers, farmers housing can not be sold, the farmer curtilage base cannot flow, the right to land contractual management not in circulation, is also the farmer can firmly stuck in this one mu of land, of course, some local land may more. But we here on average only one acre of land. I contracted how to get rich? A mu first annual income does not exceed a maximum of one thousand. But our many scholars on the maintenance of the interests of farmers, the farmers tightly bound can't move here, his property not in circulation, what are the reasons? In fact, the idea is to the rural reality, not a farmer in illegal, is our legislation does not know insist, is we do not understand rural town.

You may say that you know? I can tell you, I know, I at least a month to go home again, so the situation in rural areas is not what we expected, the farmer houses sell, farmers land contract right is not the members of the collective can contract, there are many places in the collective member is not a package, why not? Package the unprofitable, so many places for people outside to package. But we speak here, only to the collective members of the organization, which is detached from the reality of our. We must truly the interests of farmers in order to, to consider their interests, must admit that rural land belongs to the land of farmers, is their property, they can flow, in the construction of new countryside or city, whether it is, Chengzhongcun transformation or, should respect their wishes.

In the village in city construction in the cottage buildings, should respect the will of the people, by their own decision, if most people, at least 90% of the people agree, others do not agree, this can be a. If more than 90% of the people don't agree, you represent the interests of who is worth considering.

I want to add, just many people mention land financial problems, I hope everyone concerned about this issue, I feel the same way, I hope to be able to speak with the central comrades to talk about, make the central to the local point property, since the tax system reform, the national financial resources are concentrated in the central, the local government is not money, what to do, and the things they do. So many places to sell it, don't sell it, only this part of the money they he to the central, local too difficult, want to put the tax change. In addition to tax nor be deprived of its wealth of national dominate, tools. Now there are a bad idea, income of land value-added tax, if the value then income that is reasonable.

 

(Host: just five professors lecture is very exciting, not only let us appreciate their speech, more appreciate their different styles of speech, lecture professors for our future research issues related to give great enlightenment, let us once again with applause for their speech to express my heartfelt thanks!)

(source: reprinted from Chinese civil law net)