Civil and Commercial Law Symposium (Volume 32)

Author: Liang Huixing
Publisher:
Publish Date: 2005-05-01
Features: The purpose of Civil and Commercial Law Symposium is to start from the actual situation of China's reform and opening-up and the development of a modernized economy, widely reference the successful experiences in civil and commercial legislation of developed countries and regions, as well as the latest judgments and doctrines, to study the basic theories and major legal issues of civil and commercial law. It aims to provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of judicial practice, enhance the theoretical level of China's civil and commercial law, and cultivate civil and commercial law theorists. The 32nd volume of Civil and Commercial Law Symposium publishes more than ten latest research achievements in civil and commercial law, including: Research on the System of Marine Area Use Rights is the final outcome of the author's Shandong Provincial Social Science Planning Project on Marine Area Use Rights and Related Legal Systems. It provides a comprehensive and systematic discussion of marine area use rights and their systems, and proposes relevant suggestions based on China's legislation. Copying and Copy Rights in the Digital Network Environment—A Discussion on the Reconstruction of Digital Copyright Law is one of the research achievements of the legislative issues of information network transmission rights sponsored by Microsoft China Company under the leadership of Professor Wu Handong. It focuses on the issues of copying and copy rights in the digital network environment and the reconstruction model of digital copyright law. The Legality of Charging Bottle Fees by Restaurants—Analysis of the Service Contract Dispute Case of Qu Lianji vs. Baiyun Tianxiange Restaurant reviews the consumer rights protection and the issues of standardized clauses arising from the practice of charging bottle fees by restaurants. Interest Jurisprudence Research in Private International Law mainly compares Currie's Governmental Interest Analysis Theory with Kegel's International Private Law Interest Theory, proposing the value orientation of international private law—interest coordination. Corporate Groups: Towards Independent Legislation is written by Professor of Company and Bankruptcy Law at the University of Manchester Law School, primarily addressing legal issues in regulating corporate groups and the recognition of corporate groups as independent commercial entities. The Essence of Legal Status—Taking Animals as the Object of Study starts from the subject-object thinking mode of law and the essence of rights, mainly exploring whether animals are legal objects and the essence of animals as objects. Why I Don't Agree with the Establishment of a Right of Residency? targets the Right of Residency stipulated in the draft Property Law, combining legislation, theory, and practice to present the author's views and opinions. Dialogue: The Role of Private Parties in the Realization of Law is an appendix to the famous work The Role of Private Parties in the Realization of Law by Tanaka Yoshio and Takeuchi Akio, involving a comparison of the roles of Japanese and American lawyers, product liability, and damage compensation issues.