Civil and Commercial Law Theory and Adjudicative Practice Research: Collection of Winning Papers from the 15th National Court Academic Symposium

Author: Wan E-xiang
Publisher:
Publish Date: 2004-01-01
Features: The socialist judicial system must ensure the realization of fairness and justice throughout society. With the deepening of China's reform and opening-up and the gradual establishment of a socialist market economy, many new situations and issues have emerged in the civil and commercial trial field. Correctly, legally, and promptly handling civil and commercial disputes is an unavoidable responsibility of people's courts. As an important component of judicial fairness, substantive justice is an inherent requirement for achieving judicial modernization. Strengthening the research on civil and commercial substantive law and judicial practice is of great significance for further improving the case-handling quality and judicial level of people's courts, ensuring the realization of fairness and justice throughout society, and practicing the theme of "Justice and Efficiency."
The report of the 16th National Congress pointed out: "Strengthen the construction of socialist rule of law," "Adapting to the new situation of the development of the socialist market economy, comprehensive social progress, and joining the WTO, strengthen legislative work, improve the quality of legislation, and by 2010, establish a socialist legal system with Chinese characteristics." The modernization of civil and commercial law is an essential part of the modernization of China's legal system. After joining the WTO, China faces a series of major issues, including the formulation of a civil code, the improvement of intellectual property law, the refinement of commercial law, and the formulation of e-commerce law. It also faces the need to improve and perfect the civil and commercial legal system, which primarily regulates civil and commercial entities and their behaviors, with fairness, freedom, efficiency, and security as its fundamental values.
To this end, in 2003, we organized an academic symposium across the country on the theme of "Research on Civil and Commercial Law Theory and Judicial Practice" to encourage relevant individuals from judicial, legislative, and academic circles to jointly study civil and commercial law theory and judicial practice, providing theoretical support and practical basis for the establishment and improvement of China's civil and commercial legal system. The call for papers for the 15th National Academic Symposium of the Judicial System, organized by the Supreme People's Court and co-sponsored by the National Judges College, the China Institute of Applied Law, and the People's Court Press, was issued on January 10 of this year and has received active and enthusiastic responses from courts at all levels across the country, judges, and academic circles.