Following the good results of the first "Norwegian Legal System and Practice Workshop" last year, this year's Beijing Normal University continued to carry out this activity, aiming to further deepen exchanges between universities across the Taiwan Strait and deepen the legal system and culture of law students in Hong Kong. Understanding. The "Law Legal System and Practice Workshop in the Mainland" attracted seven students from the University of Hong Kong and 21 students from Hong Kong Shue Yan University to study and exchange at Beijing Normal University. The launching ceremony was held on August 10, 2014 in the main building 1824. Gao Mingzhen held in the academic lecture hall. The launching ceremony was co-chaired by Professor Liu Zhiwei, Vice President of the Institute of Criminal Law Science of Beijing Normal University. The Hong Kong side attended the launching ceremony. Mr. Xiong Yunxin, Vice President of the Law Society of Hong Kong, Honorary Committee Member of the Hong Kong University of Science and Technology Advisory Committee, City University of Hong Kong and Hong Kong Shue Yan University Guest Professor Mr. Yan Yuanhao, Mr. Wu Hongrui, the chief partner of Wu Ouyang Law Firm, Mr. Zhao Wenzong, the head of the Department of Law and Business of Hong Kong Shue Yan University, and the President of the School of Criminal Law Science and Law, attended by the Beijing Normal University. Professor Zhao Bingzhi, Associate Dean of the Institute of Criminal Law Science, Professor Liu Zhiwei, Associate Dean of the School of Law, Associate Professor Zhang Hong, and Associate Professor Guo Shu.
Professor Zhao Bingzhi, Dean of the School of Criminal Law and Law, first delivered a speech. He welcomed the arrival of Hong Kong Shue Yan University students and hoped that they would deepen their understanding of the Chinese legal system during the workshop and promote the laws of the two places. The exchange made its due contribution; it also introduced in detail the basic situation of the two schools of law and the future development situation. In order to promote discipline construction and further improve academic research capabilities, the two schools of law and law are willing to actively cooperate with overseas universities. It is hoped that this workshop will further deepen the cooperative relationship between the two sides and lay the foundation for academic exchanges such as student exchanges between the two institutes. On behalf of the School of Law, Dean Zhao Bingzhi presented the appointment letter of the part-time professor to Yan Yuanhao and Wu Hongrui, inviting them to visit the two chambers of law and law, and bring wonderful lectures to the teachers and students of the two schools. Subsequently, Mr. Xiong Yunxin, Yan Yuanhao and Wu Hongrui respectively spoke and shared their experiences with the teachers and students present. They presented the expectations for this workshop. On behalf of Shue Yan University, Director Zhao Wenzong highly recognized the “Inland Legal System and Practice Workshop” held by Beijing Normal University. He believed that through this workshop, Hong Kong Shue Yan University students could further deepen their understanding of cross-strait legal systems and practices; At the same time, I also hope to deepen cooperation with the Law Schools of Beijing Normal University and enhance academic exchanges. Finally, Director Zhao Wenzong wished the workshop a smooth one. Associate Professor Guo Shu, a team leader, gave a detailed introduction to the schedule and requirements of the workshop to Hong Kong students. I wish him a smooth learning!
In order to better teach the Mainland legal system and practice to the students of the University of Hong Kong and Hong Kong Shue Yan University, five senior teachers of the two schools of law and the Executive Judiciary of the Beijing Higher People's Court, Mr. Cheng Hu, from the Constitution, Administrative Law, Civil and Commercial Law, Criminal Policy, The Mainland's judicial system and Chinese legal culture and traditions have provided six wonderful academic lectures for Hong Kong students in the workshop, which are summarized as follows:
1. Hot issues in the implementation of the Hong Kong Basic Law
Associate Professor Guo Shu first introduced to Hong Kong students the status of the Hong Kong Special Administrative Region in the Chinese Constitution. He pointed out that Hong Kong is one of China's highly autonomous local governments. The Hong Kong Basic Law must not contravene the Chinese Constitution. On this basis, the Hong Kong Basic Law was introduced. Since then, it has focused on the hot issues of "the right of abode", "the method for the election of the Chief Executive and the Legislative Council", "the issue of the term of the new Chief Executive" and the "Congo (Gold) case"; He discussed the interpretation mechanism of Hong Kong law and left Hong Kong students with inspiring questions such as "National People's Congress Explain Hong Kong Basic Law Procedural Provisions" to allow Hong Kong students to think seriously.
2. Mainland administrative dispute resolution mechanism
The two schools of law have specially hired the chief administrative court of the Beijing Higher People's Court, Mr. Cheng Hu, to introduce the administrative legal system and administrative dispute resolution system in the Mainland to Hong Kong students. Associate Professor Zhang Hong, deputy dean of the School of Law, also attended this lecture and made a wonderful comment. President Cheng Hu introduced the administrative main system, administrative behavior system and administrative procedure system and its theory in the Mainland, as well as the hot issues and practical problems in the discussion. On this basis, the dispute resolution mechanism in China is explained in detail in combination with specific cases, including administrative reconsideration, administrative litigation and administrative compensation. President Cheng Hu has been engaged in administrative trials for many years and has a wealth of practical experience, which has enabled Hong Kong students to have a general understanding of the administrative legal system in the Mainland in a short period of time. After the end of the explanation by President Cheng Hu, Hong Kong students had an in-depth exchange with President Cheng Hu and Vice President Zhang Hong on their more concerned petition system.
3. Overview of the Civil and Commercial Law System in the Mainland——Interpretation from the Perspective of Comparative Law
Professor Han Chifeng gave a detailed introduction to the current civil and commercial legal system in Mainland China. The Mainland Civil and Commercial Law belongs to the mainland statute law system and is based on the General Principles of the Civil Law, including the Contract Law, the Tort Liability Law, the Property Law, and the Marriage Law. , the "Inheritance Law" and various civil special laws such as commercial law and intellectual property law. In combination with the National Development and Reform Commission's huge fines for some milk powder companies and the recent anti-monopoly investigations on imported cars and Microsoft companies, the application of anti-monopoly law was introduced. On the basis of preliminary understanding of the civil and commercial legal system in the Mainland, Professor Han Chifeng further taught them the relationship between civil law and commercial law, and proposed his own ideas for the construction of the future civil and commercial law system in the Mainland. He believed that the future civil and commercial law system The focus of the construction is on establishing a system of civil codes. The Civil Code will be based on the current Civil Laws such as the General Principles of the Civil Law, the Contract Law, the Tort Liability Law, the Property Law, the Marriage Law and the Inheritance Law, and form a five-form system similar to the German Civil Code. The structure is then constructed into a civil and commercial law system that combines the Civil Code with the Civil and Commercial Special Law. After Professor Han Chifeng’s lecture, Hong Kong students discussed with Professor Han on whether the Mainland’s civil law and commercial law would be merged.
4. The combination of lenient and strict in the eyes of scholars and judges
Professor Lu Jianping is not only a well-known criminal law scholar, but also concurrently serves as the vice president of the Supreme People's Court. He has deep research in criminal law theory and practice. During the lecture, Professor Lu Jianping first introduced the legal process of the Mainland and the development of criminal law in the Mainland by interspersing his own life experiences. Then he introduced the theory and practice of China's lenient and strict criminal policy to Hong Kong students in a simple and simple way. The policy of tempering strictness and temperament can be traced back to Confucius's "benevolence" thought, which advocated moral education and supplemented by punishment. However, in order to curb the increasingly serious crime situation in the early days of the founding of the country, the state put forward the concept of "strike hard" but failed to achieve the expected results. In this context, China once again proposes a criminal policy of tempering leniency and strictness. According to the specific circumstances of the crime, we should treat it differently, so that the width is wide, the strictness is strict, the leniency and strictness are combined, the punishment is punishable, and the attack and isolation are very few. Education, probation and saving the majority, minimize the opposite of society, promote social harmony and stability, and safeguard the country's long-term stability. Subsequently, Professor Lu Jianping combined with the abolition of the death penalty in the Eighth Criminal Law, the lighter of the elderly, the confession and the community correction, and specifically analyzed the specific performance of the policy of lenient and strict in the criminal law. Professor Lu Jianping combined with the work of the Supreme Court, introduced in detail the development of the death penalty after the founding of New China and the relevant provisions of the death penalty review, and expressed the idea of abolishing the death penalty. In the old saying, "I can't live without it, then the dead and I have no hate!" Self-proclaimed, expressing his attitude towards the death penalty is a contradiction between spirit and flesh, thought and action, heart and hand, and issuing himself As a scholar, the desire to abolish the death penalty has aroused the resonance of Hong Kong students.
5. The judicial system and judicial reform in the Mainland
As is known to all, the Hong Kong region has followed the legal system of the Anglo-American legal system, which is quite different from the judicial system in the Mainland. Professor Shi Limei introduced the judicial system of the Mainland from the establishment, functions and jurisdiction of the courts and procuratorates in the Mainland, the acquisition and level of judge qualifications, and the lawyer system. The judicial reform proposed by the Third Plenary Session of the 18th CPC Central Committee is a hot topic in the field of justice in the Mainland today. Professor Shi Limei has carried out an in-depth interpretation of it in various aspects, which enabled Hong Kong students to keep abreast of the reforms in the Mainland. The Anglo-American legal system and the civil law system have their own advantages and disadvantages. Professor Shi Limei expressed his sincere hope to Hong Kong students and hoped that Hong Kong students would learn theoretical knowledge in a solid way and make contributions to China's justice after graduation.
6. Chinese legal culture and tradition
Professor Chai Rong began his lecture on the translation of "ritual" in Chinese culture in English. He believed that Chinese culture is profound and profound. Only profound understanding and understanding of Chinese culture can better communicate with foreign cultures. Later, Professor Chai Rong began from the "benevolence" in Confucianism and elaborated on the development of China's legal system. The Confucianism in ancient Chinese law originated from the "Zhougong ritual" in the Western Zhou Dynasty, including the origin, status and connotation of ritual. On the basis of inheriting the "Li" and "Mingde Cautious Punishment" of the Western Zhou Dynasty, Confucius put forward the idea of "benevolence", that is, safeguarding the ritual system, advocating the rule of virtue and attaching importance to the rule of the people. In the Han Dynasty, Confucianism became the mainstream thought, and at the legal level, it was expressed as "the Spring and Autumn Desire" to introduce Confucianism into judicial activities. In the Tang Dynasty, Confucianism was officially law-abiding, proposing that "German is the foundation of politics and religion, and punishment is the supplement of politics and religion". Pursuing the unity of nature and man is an important ideological principle of the Chinese legal system. Professor Zhao Wenzong, director of the School of Law and Business at Shue Yan University in Hong Kong, attended the lecture and discussed with Professor Chai Rong on the impact of Chinese traditional culture on modern Chinese law.
In order to better let the Hong Kong students in the workshop understand the legal system and practice in the Mainland, the two schools of law arranged for them to go to the Administrative Court of the Beijing Higher People's Court and the People's Court of the Haidian District People's Court in Beijing to attend the case. Among them, after the trial of the Beijing Higher People's Court hearing case, the Vice President of the Beijing High Court, Mr. Cheng Hu, and the judge of the day's case also had a brief and enthusiastic exchange meeting with the observers. The workshops of Hong Kong students discussed the establishment of the Chinese courts, the jurisdiction of the administrative courts, the restrictions on the abuse of appeal rights, the jurisdiction of the second instance, the right of judges to obtain evidence, the participation of lawyers and administrative coordination. At the same time, the two schools of law also arranged for Hong Kong students to visit and exchange with Yue Cheng Law Firm. Yue Cheng, founder of Yuecheng Law Firm, and Yue Yunsheng, director of Yuecheng Law Firm, took time to meet with Hong Kong classmates and arranged for three lawyers, including Wang Yang, to communicate with Hong Kong students in a symposium. . By observing cases and visiting law firms, Hong Kong students are more intuitively aware of the differences between legal practice in the Mainland and legal practice in Hong Kong.
In order to better deepen Hong Kong students' understanding of the Mainland and strengthen exchanges between students on both sides of the strait, the two schools of law and law specially organized a symposium to invite students from the school to exchange ideas with the students in Hong Kong. The forum was organized by Guo Shu. The teacher presided over. The symposium was launched from the Hong Kong Basic Law. Everyone had a full and enthusiastic exchange on judicial examinations, court trials, and litigation procedures, and discussed the legal relationships contained in some of the hotspots in the Mainland. At the end of the symposium, the Hong Kong classmates at the workshop said that through the symposium, they had a more intuitive impression of the legal system in the Mainland. The legal system in the Mainland is profound and profound, and it is worthy of further study. It also indicated that there will be opportunities to come to the Mainland to participate in similar courses again. . After the symposium ended, the students on both sides of the strait left contact with each other and made new friends.
During the weekend break, the law schools and two schools also organized workshops. Hong Kong students visited the Forbidden City, Mutianyu Great Wall, Summer Palace, Qianmen Street, Houhai, Nanluoguxiang and other Beijing historical sites and international museums to let them know the long-standing Chinese civilization. Through the excursions in Beijing, Hong Kong students have profoundly experienced the profound and endless life of Chinese culture, which greatly enhanced their cultural identity and deepened mutual understanding.