Author: Chinese National Bar Association
Publisher:
Publishing Date: 2006-06-01
Features: The 8th "China Civil and Commercial Law Practice Forum" was held in Shenyang, a traditional industrial base in Northeast China, in July 2006. On November 29, 2005, the Civil Committee of the Bar Association held a director's meeting in Shenyang to specifically arrange the preparations for the forum, with important tasks including the collection and publication of papers. From February 14 to May 15, nearly 250 papers were received. Except for a few that could not be adopted due to reasons such as authors not signing their names, all were included in the "Civil and Commercial Law Practitioner" series. Some papers exceeded the required length and were thus reluctantly omitted, with only their abstracts included. This was an unavoidable measure. For this, I sincerely apologize and hope for the authors' understanding. During the editing process, due to the tight schedule, I read the submitted papers hastily and was deeply inspired and enlightened. Three highlights can be summarized: cutting-edge, practical, and responsibility. Throughout the book, the wisdom of the authors shines brightly. Most of them stand at the forefront of legal research, proposing many forward-looking views. Some of these views were reviewed by experts in relevant fields and received much praise. Whether in traditional fields or emerging areas such as company law and cyber law, there are outstanding works. This fully demonstrates that the authors of this book represent the mainstream of Chinese lawyers, always closely following the progress of China's rule of law. As legal professionals, we must not only look back at history, summarizing the past and even the day before yesterday of the rule of law, to solve today's legal challenges, but also stand at the forefront of legal research, exploring the laws of the rule of law and conducting forward-looking research and proposing solutions for tomorrow's problems. A successful lawyer should be a unifier of idealism and realism. Most of the paper authors in this book are both filled with ideals of building a rule-of-law society and fully concerned with the challenges of legal practice. The theme of this book is to explore legal issues based on the rich practical experience of practicing lawyers, while also using exquisite legal knowledge and concepts to solve the various challenges faced by Chinese lawyers in civil and commercial legal practice. For this, I sincerely hope this book can provide reference and assistance to industry peers and legal practitioners. I believe this is also the wish of the authors. The "China Civil and Commercial Law Practice Forum" is an open platform for academic research. Many lawyers set aside their daily struggles to study legal theories and practices, writing down their insights for reference by peers and readers. This is a charitable act that reflects the social responsibility of Chinese lawyers. Some people, even some departments, equate Chinese lawyers with profit-driven merchants, which is a one-sided view. Lawyers need to earn money to support their families, but making money is not their only pursuit. Contributing to the rule of law process of socialist China is our more important responsibility. We hope this sense of responsibility can be maintained and strengthened, and that more lawyers can make greater contributions to the rule of law process. The papers collected by the Civil Committee for the forum were compiled and published by the law publisher, a long-standing wish of many committee members, which has finally come true. On behalf of all members of the Civil Committee, I thank the authors and the support of Legal Press. On the other hand, I also thank Shanghai Jianwei Law Firm for its excellent work in receiving and preliminarily organizing the papers; I thank Editor Pang Biao, who devoted significant effort to organizing and arranging the papers included in this book. Of course, I must thank Director Zhu Shuying and my colleagues in the Civil Committee for their trust in me to implement this work. If authors are dissatisfied with this book, please let me know; if satisfied, please thank the authors and the aforementioned colleagues. Throughout the book, the wisdom of the authors shines brightly, as most of them stand at the forefront of legal research, proposing many forward-looking views. Some of these views were reviewed by experts in relevant fields and received much praise. Whether in traditional fields or emerging areas such as company law and cyber law, there are outstanding works. This fully demonstrates that the authors of this book represent the mainstream of Chinese lawyers, always closely following the progress of China's rule of law. Most of the paper authors in this book are both filled with ideals of building a rule-of-law society and fully concerned with the challenges of legal practice. The theme of this book is to explore legal issues based on the rich practical experience of practicing lawyers, while also using exquisite legal knowledge and concepts to solve the various challenges faced by Chinese lawyers in civil and commercial legal practice.
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