International Business Law Symposium (Volume 7)

Author: Shen Sibao
Publisher:
Publish Date: 2005-03-01
Features: This issue of the International Business Law Forum includes 21 papers, organized into 8 sections. We hope readers can find kindred spirits among the authors and resonate with or engage in further discussion regarding the viewpoints presented in the papers. The article "Adhering to Internationalization and Striving to Cultivate Legal Professionals for Two Markets" summarizes the experience of the School of Law at the University of International Business and Economics over 20 years of development, including talent cultivation goals, teaching systems and methods, faculty development, and prospects for cultivating professional talent for both markets. It reiterates the importance of innovation, development, and research serving teaching and talent cultivation. The article "Rethinking Legal Teaching Methods" summarizes the successful practices of the "China-EU Legal and Judicial Cooperation Project," providing constructive ideas and suggestions for cultivating international talent in law schools in the future. The article "Research on the Commercial Law System under China's Socialist Market Economy" proposes studying the foundation and development patterns of China's socialist market economy to establish a solid philosophical and economic basis for the establishment of China's commercial law system. Additionally, the author points out that in light of China's current international environment and the context of its WTO membership and integration into the global economic tide, it is necessary to establish a commercial law system aligned with international standards. The article "Comparative Study on Strict Liability in Civil Law Tort Law" explores the concept of strict liability and its relationship with similar systems, reviews the evolution and spread of strict liability, and introduces the strict liability in Roman tort law, the "supervisor's liability" in French tort law that leads to strict liability outcomes, and the strict liability with fault presumption in German and Japanese tort law. Based on the examination of these systems, the author summarizes 16 issues that China will inevitably face in future tort legislation. The article "Reduction in Damages and Deduction of Compensation in Breach of Contract Relief: Differences in Applicability Conditions, Calculation Methods, and Underlying Concepts" studies the differences between reduction in damages and compensation deduction as two forms of relief in terms of scope and conditions of applicability, calculation methods, risk allocation effects, and underlying concepts, aiming to provide reference opinions for understanding and applying Articles 107 and 111 of China's Contract Law. The article "Comparative Study on Floating Charge System" starts with the floating charge system in the UK, combining legislative examples from the US, Germany, and Japan, to analyze the performance and characteristics of the floating charge system or its corresponding systems in different countries. Based on this, the author points out that China's Guarantee Law does not include provisions on the floating charge system. The article "On the Restraint and Protection of the Commercial Decision-Making Power of Directors of American Companies" discusses the legal restraint and protection mechanisms related to the commercial decision-making power of directors of American companies, in conjunction with the "board-centricism" of American companies, examining the arrangements, characteristics, and effectiveness of these mechanisms. This issue of the International Business Law Forum includes 21 papers, organized into 8 sections. We hope readers can find kindred spirits among the authors and resonate with or engage in further discussion regarding the viewpoints presented in the papers. The article "Adhering to Internationalization and Striving to Cultivate Legal Professionals for Two Markets" summarizes the experience of the School of Law at the University of International Business and Economics over 20 years of development, including talent cultivation goals, teaching systems and methods, faculty development, and prospects for cultivating professional talent for both markets. It reiterates the importance of innovation, development, and research serving teaching and talent cultivation. The article "Rethinking Legal Teaching Methods" summarizes the successful practices of the "China-EU Legal and Judicial Cooperation Project," providing constructive ideas and suggestions for cultivating international talent in law schools in the future. The article "Research on the Commercial Law System under China's Socialist Market Economy" proposes studying the foundation and development patterns of China's socialist market economy to establish a solid philosophical and economic basis for the establishment of China's commercial law system. Additionally, the author points out that in light of China's current international environment and the context of its WTO membership and integration into the global economic tide, it is necessary to establish a commercial law system aligned with international standards. The article "Comparative Study on Strict Liability in Civil Law Tort Law" explores the concept of strict liability and its relationship with similar systems, reviews the evolution and spread of strict liability, and introduces the strict liability in Roman tort law, the "supervisor's liability" in French tort law that leads to strict liability outcomes, and the strict liability with fault presumption in German and Japanese tort law. Based on the examination of these systems, the author summarizes 16 issues that China will inevitably face in future tort legislation. The article "Reduction in Damages and Deduction of Compensation in Breach of Contract Relief: Differences in Applicability Conditions, Calculation Methods, and Underlying Concepts" studies the differences between reduction in damages and compensation deduction as two forms of relief in terms of scope and conditions of applicability, calculation methods, risk allocation effects, and underlying concepts, aiming to provide reference opinions for understanding and applying Articles 107 and 111 of China's Contract Law. The article "Comparative Study on Floating Charge System" starts with the floating charge system in the UK, combining legislative examples from the US, Germany, and Japan, to analyze the performance and characteristics of the floating charge system or its corresponding systems in different countries. Based on this, the author points out that China's Guarantee Law does not include provisions on the floating charge system. The article "On the Restraint and Protection of the Commercial Decision-Making Power of Directors of American Companies" discusses the legal restraint and protection mechanisms related to the commercial decision-making power of directors of American companies, in conjunction with the "board-centricism" of American companies, examining the arrangements, characteristics, and effectiveness of these mechanisms.