Civil and Commercial Law Symposium (Volume 28)

Author: Liang Huixing
Publisher:
Publish Date: 2003-11-01
Features: The purpose of Civil and Commercial Law Forum is to, based on the actual experience of China's reform and opening-up and the development of a socialist market economy with modernization, extensively reference the successful legislative experiences and latest case law and doctrines of developed countries and regions, conduct in-depth research on the fundamental theories and major legal issues in civil and commercial law, provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of civil and commercial judicial practice, enhance the theoretical level of civil and commercial law, and promote the cultivation of research talents in civil and commercial law. The 28th volume of Civil and Commercial Law Forum publishes over ten latest research achievements in civil and commercial law, including: "A Review of the Application of International Civil and Commercial Treaties in China—With a Discussion on Relevant Provisions in China's Draft Civil Code," which conducts an in-depth study on the domestic application of international civil and commercial treaties and proposes recommendations in conjunction with the ongoing drafting of the Civil Code. "A Theoretical Study on the Foundation of Property Rights Claims" provides an in-depth exploration of the nature, effectiveness, and whether the statute of limitations applies to property rights claims, in coordination with the property rights law legislation, making it a valuable reference. "Exploring Several Issues in the Legislation of China's Civil Code Family Provisions" discusses the structure, content, principles, design, and clarification of the family provisions in the Civil Code, making it worth reading. "An Evaluation of Three Proposals Regarding Anti-Dumping Laws" analyzes and compares three proposals—complete abolition of anti-dumping laws, replacing anti-dumping laws with competition law, and improving anti-dumping laws—from a fundamental theoretical perspective, proposing the author's recommendations, making it worth reading. "A Systematic Study on the Reform of the Arbitration Law of the People's Republic of China (Draft for Amendment)" conducts a systematic study on the reform of the Arbitration Law, formulating a basic approach for revision and drafting provisions using the model law method, hoping to attract the attention of legislative and academic circles and ultimately lead to the revision of the Arbitration Law. "On the Revocation System for International Commercial Arbitration Awards" examines the grounds, procedures, and remedies for revoking international commercial arbitration awards internationally, attempting to draw common and regular conclusions, which is of great significance for improving the revocation system of international arbitration awards. "Consumer Choice—The Ultimate Goal of Antitrust" locates the ultimate goal of antitrust law in consumer choice, criticizing the narrowness of traditional antitrust reviews that only focus on the impact on competition, emphasizing that antitrust legislation, judicial, and enforcement should all consider non-price competitive factors. It is believed that this article will deepen our understanding of the purpose of antitrust law. "On Pure Economic Loss" focuses on studying various models for handling pure economic loss compensation issues in common law and civil law systems, and based on this, designs a possible model for China to address this issue, making it a valuable reference for the theoretical community and legislative bodies.