The 122nd session of the BNU Distinguished Jurist Lecture Series, titled "On the Review of the Conditions for the Enforcement of Payment Judgments - A Review of Article 31, Paragraph 2 of the Judicial Interpretation of the Contract Code" was held in Room 107 of the Fourth Teaching Building at Beijing Normal University. This lecture was delivered by Liu Zhewai, a tenured associate professor and doctoral supervisor at Peking University Law School, with Li Xiaoxiao, an associate professor at Beijing Normal University Law School, serving as the host. Professors Xiong Yuemin, Yuan Zhijie, and Associate Professor Guo Xiang from Beijing Normal University Law School served as panelists, and over 50 students from the BNU Law School Attended the lecture.

Prior to the commencement of the lecture, Associate Professor Li Xiaoxiao extended a warm welcome to Associate Professor Liu Zhewai and provided a brief overview of his impressive academic credentials. Professor Yuan Zhijie then delivered a speech on behalf of the BNU Law School, expressing sincere gratitude for Associate Professor Liu's presence and contribution to the academic community through this lecture.

Professor Liu Zhewai commenced his lecture by presenting three illustrative cases to elucidate the court's adjudication methods concerning the right to raise a defense of simultaneous performance. He then proceeded to summarize the judicial practices and court approaches that prevailed before the issuance of the Judicial Interpretation of the Contract Code, delving into the content and normative significance of Article 31, Paragraph 2. However, Professor Liu also raised critical questions regarding the Supreme People's Court's intention to address procedural stagnation in exercising the right to raise a defense of simultaneous performance through this provision. He analyzed the distribution of review authority under two distinct models: the "external division" and the "internal division," set against the backdrop of China's separation of adjudication and enforcement. Furthermore, Professor Liu explored the exception model prevalent in the civil law system and the determinative model of American law, offering valuable insights and references for constructing an effective review method for payment judgments in China.

During the discussion session, Professor Xiong Yuemin underscored the judge's obligation to clarify and the issue of the res judicata effect of simultaneous performance judgments. Associate Professor Guo Xiang highlighted the importance of considering the simultaneous performance defense not only in judgment enforcement but also in the execution of other documents. Professor Yuan Zhijie, from a substantive law perspective, advocated for the involvement of third-party institutions in debt performance, deeming it a reasonable approach.

The lecture concluded on a high note, with students gaining a deeper and more comprehensive understanding of the complexities surrounding the trial and enforcement of payment judgments. The event was met with warm applause, marking its successful conclusion and leaving the audience with valuable insights and food for thought.

Typesetting: Xu Yiyang

Editor: Shi Tianyu