“The Third Doctoral Legal Forum of Beijing Normal University”, hosted by Beijing Normal University Law School, was successfully held in the form of cloud conference (Tencent conference) on November 27th–28th, 2021. The theme of this forum is "Grassroots Governance and Modernization of National Governance Capacity", which consists of 5 sub-forums and 14 units.
More than 90 experts, scholars and doctoral students from universities, state organs, scientific research institutions and academic journals including Chinese Academy of Social Sciences, Peking University, Tsinghua University, Renmin University of China, China University of Political Science and Law, Jilin University, Wuhan University, Xiamen University, Zhongnan University of Economics and Law, Northwest University of Political Science and Law, Southwest University of Political Science & Law, Central University of Finance and Economics, Minzu University of China, Tianjin University, Southeast University, South China University of Technology, Xi'an Jiaotong University, Nanjing Normal University, Zhengzhou University, Soochow University, Shanghai Maritime University, Heilongjiang University, Xiangtan University, University of Science and Technology of China, Qinghai Minzu University, Hebei Normal University, Hainan University, Hainan Normal University, Dalian Maritime University, Shanxi University, Yang-En University, Beijing Normal University and The Supreme People's Court of The People's Republic of China, The People's Procuratorate of Huhhot, National Judges College, China Law Society, China Law Society Dong Biwu Research Society on Legal Thought (Theory of Socialist Rule of Law with Chinese Characteristics), Chinese Law, Legal Research, Jurist, Law and Social Development, Research on Administrative Law and Application of Law gathered in the cloud. Among them, 44 speakers expressed their insights on such topics as "legalization of grassroots governance and township governance", "multi-angle thinking of grass-roots governance ability", "personal information protection in the civil code era", "strict administration of the party, administration according to law and grassroots regional governance", "social governance and dispute resolution in the post-epidemic era", and 41 scholars from representative universities, government agencies and research institutes made enlightening comments for one and a half days.
Opening ceremony and keynote speech on the morning of November 27th
On the morning of November 27th, the first session was the opening ceremony and keynote speech of the forum, presided over by Professor Chai Rong, vice president of Beijing Normal University Law School. Professor Chai Rong extended a warm welcome to the participating experts, scholars and doctoral students. Professor Liang Ying, deputy provost of Beijing Normal University, director of the Admissions Division of the Academic Affairs Department, and Professor Liang Yingxiu, Party Secretary and Dean of Beijing Normal University Law School, delivered speeches successively.
Professor Liang Ying expressed sincere gratitude to colleagues from all walks of life for their full support, and highly recognized the theme of this forum. She hoped that through the forum, extensive exchanges and consensus-building would contribute wisdom to the modernization of the national governance system and national governance capacity.
Professor Liang Yingxiu extended a warm welcome to all the distinguished guests. Later, in his speech, he emphasized that the foundation is shaky, the modernization of the national governance system needs to promote the modernization of the grass-roots governance system, and the grass-roots governance relies on the guarantee of the rule of law. In order to promote all measures to govern the country according to law to take root at the grass-roots level in urban and rural areas, we must strengthen the grass-roots rule of law construction and fill the shortcomings of the grass-roots rule of law. Law researchers should pay attention to the practice of the rule of law at the grass-roots level, strengthen interdisciplinary exchanges, expect the participants to collide with the spark of ideas in the academic discussion of this forum, and contribute enlightening opinions to grass-roots governance, and wish the conference a complete success.
Next, Professor Gao Shengping, Vice Dean of Law School of Renmin University of China, and Researcher Zhang Sheng of Law Institute of Chinese Academy of Social Sciences gave keynote speeches entitled Civil Code and Modernization of State Governance Capability and Construction of Credit System and Modernization of Grassroots Governance respectively.
Professor Gao Shengping focused on the application of the legal doctrine of real right in the process of promulgation and implementation of the Civil Code. After the emergence of the new type of real right, the response of the separation of three powers and usufructuary right system in legal and judicial practice, the different meanings of collective and collective economic organizations in the rural land rights system in the subject law, the controversial issues such as governance structure and bankruptcy ability in the legislation of rural collective economic organizations, the guarantee ability of rural collective economic organizations, the perfection of the separation of three powers of rural land contracting land, and the separation of three powers of housing sites, etc. In this speech, Professor Gao has both the guiding analysis from the macro level and the systematic analysis of relevant laws and regulations from the micro level on related issues. Professor Chai Rong also said that the innovation of land management rights and the separation of the three rights of homestead are facing a major reform task at present, which is a topic that doctoral students with feelings of home and country should pay attention to.
From the perspective of the correlation between the talent selection mechanism in ancient China and the grass-roots governance system, researcher Zhang Sheng deeply analyzed the important role played by the credit system in ancient China, especially in the Tang Dynasty, in the aspects of equal land system and household census, the significance of the moral performance of grass-roots government, the practical difficulties encountered in grass-roots governance and the construction of the credit moral system. He believed that in the process of administration according to law, a just and open credit evaluation system should be established, and the credit evaluation system should be constructed and reminded in the process of checking the work or assets of civil servants.
On the afternoon of November 27th, three parallel sessions were held.
The first sub-forum
The theme of the first sub-forum is "Grassroots Governance and the Rule of Law in Township Governance", presided over by Dr. Zheng Yike and Dr. Zeng Juzhong of Beijing Normal University Law School.
Unit 1 Jurisprudential thinking on township governance and grass-roots governance
In this module, Cai Rong, a teacher from Nanchang University Law School, gave a report entitled Practical Interpretation and Reform Ideas of Rural Governance Legalization under the Strategy of Rural Revitalization, Dr. Song Tianqi from Jilin University Law School gave a report entitled Internal Governance of Rural Collective Economic Organizations as Legal Persons: Practical Dilemma, Reason Exploration and Reform Path, and Dr. Wang Qi from Nanjing Normal University Law School gave a report entitled Theoretical Clarification of the Proposition of “Social Governance Legalization". Expert comments were made by Professor Fang Shaokun of Jilin University Law School, Professor Zheng Shangyuan of Tsinghua University Law School and Professor Nie Xin, vice president of Tsinghua University Law School.
Professor Fang Shaokun affirmed the significance of the topics selected by the three doctors, and put forward pertinent suggestions for the three papers in turn, such as concretization of problem consciousness, accuracy of viewpoints and standardization of argumentation. Professor Zheng Shangyuan emphasized that the paper should not be comprehensive, but should focus on specific issues to prevent hollowing out. Professor Nie Xin suggested that the problems existing in rural governance should be concretely studied by field investigation and empirical research.
Unit 2 Reference of traditional resources for improving social governance ability
The unit was given by Li Hao, a teacher of Zhengzhou University Law School, a report entitled Grassroots Governance of Conflicts between National Laws and Folk Customs in the Early Republic of China, by Dr Gong Shanshan, a professor of Southeast University Law School, a report entitled The Mirror of Benevolence Outside the Law in Qing Dynasty: the Balance of Benevolence and Law and the Way to Achieve It, and by Dr Hong Yang, a professor of China University of Political Science and Law, entitled Virtue Is the Main Way to Govern the People While Law Is the Auxiliary Way: a probe into the folk governance in the rural society of Song Dynasty—a case of civil disputes. Expert comments were made by Professor Ma Xiaohong from Renmin University of China Law School, Professor Chen Jingliang from Zhongnan University of Economics and Law, and Professor Xia Yang from Beijing Normal University Law School.
Professor Ma Xiaohong spoke highly of the topics of the three papers, affirmed the summary of the historical experience of each article, and emphatically commented on the papers of Teacher Li Hao and Dr. Gong Shanshan, suggesting that Teacher Li Hao should make a deep study of the reasons for the complexity of legal procedures in the early Republic of China, the reasons for the conflict between folk customs and laws and its influence on modern times. Professor Ma Xiaohong emphasized that the situation of extralegal benevolence in Qing Dynasty was not very typical in history, so it was necessary for Dr. Gong Shanshan to clarify the reasons for choosing Qing Dynasty. Professor Chen Jingliang affirmed the problem consciousness of Dr. Hong Yang's thesis, emphasized that the theoretical basis should be based on sufficient factual materials and literature sorting, gave normative guidance to the selection of historical documents in the article, and put forward suggestions on the focus of the article title. Professor Xia Yang emphatically commented on the articles of Li Hao and Gong Shanshan Bo from the perspective of title design, content layout and writing expression. Professor Xia Yang proposed that the title of Li Hao's paper contained too many elements and suggested highlighting the key points. Dr. Gong Shanshan's thesis is weak in argument, so it is suggested that specific cases should be used to strengthen argument and standardize the expression of words.
Unit 3 “Fengqiao Experience" and the governance of township people
This module is presented by Dr. Lin Xiaowei of Xiamen University Law School, entitled The Historical Coupling of Fengqiao Experience and Confucian Governance Thought and the Changes of Times, by Dr. Yin Xunyang of Beijing Normal University Law School, entitled Functional Regeneration and System Construction of New Rural Governance from the Perspective of Rural Revitalization—Based on the Investigation of New Rural Governance in Dejiang County, Guizhou Province, and by Dr. Su Haiping of Hainan University Law School, entitled The Practice of Rural Governance in the Background of Rural Revitalization—Based on Y Village of G Province Expert comments were made by Professor Wang Yunxia of Renmin University of China Law School and Director He Xuefei of the System Department of Labor Supervision Bureau of Ministry of Human Resources and Social Security.
Professor Wang Yunxia affirmed the empirical research of Dr. Yin Xunyang and Dr. Su Haiping, and commented on the three articles one by one from the perspective of argumentation method, suggesting that Dr. Lin Xiaowei should demonstrate whether the similarity between the core values of Confucianism and the modern "Fengqiao Experience" is due to conscious inheritance or subtle influence. As for the question of how to re-institutionalize the governance model of Xinxiang sages in modern society put forward by Dr. Yin Xunyang, it is suggested to refine the problem from social investigation, combine it with the model of modern construction of Xinxiang sages, improve the logical structure of writing, and strengthen and give full play to the inspiring function of empirical research materials. From the perspective of grass-roots epidemic prevention and control, this paper analyzes the role of grass-roots party organizations in ethnic areas and religious areas, and emphasizes giving full play to the advantages of religious personnel and leaders to better serve the work of grass-roots party organizations. Director He Xuefei made comprehensive analysis and comments on the three articles, and put forward suggestions on deepening the practice of "Fengqiao Experience" for Dr. Lin Xiaowei's paper. According to Dr. Yin Xunyang's post-doctoral thesis, this paper puts forward some suggestions to further enrich the information about the sources of funds, work results, operational difficulties and other aspects of Chunhui Society and adjust the logical structure of the text. According to Dr. Su Haiping's thesis, this paper puts forward some suggestions on improving the measures to enhance the governance capacity of the village committees.
Unit 4 Exploration of legalization in the construction of new countryside
This module is presented by Dr. Ren Yiduo of Jilin University Law School, entitled On the Management Mode of Rural Collective Assets Equity, by Dr. Lu Dan of Beijing Normal University Law School, entitled Research on the Mechanism of the Reform of Land Property Rights System on Rural Governance—Taking Hebei Rural Investigation as an Example, and by Dr. Ren Xin of Beijing Normal University Law School, entitled Choice and Path of Rural Soft Law Governance. Professor Liang Xin, professor of National Judges College and deputy editor-in-chief of Application of Law, Professor Zhao Qiuyan, party secretary and vice president of China Institute of Social Management/Institute of Social Sciences of Beijing Normal University, and Wang Shuaiyi, associate researcher of Institute of Law of Chinese Academy of Social Sciences and editor of Law Research, made expert comments.
Professor Liang Xin praised doctoral students for their painstaking research on China issues, shared their deep thoughts on the topics of the three papers in turn, and made in-depth comments on the articles, with special emphasis on adopting sociological research methods. The non-universal examples listed in the articles need to be explained in the form of annotations to ensure the reliability and validity of the research. At the same time, he emphasized that rural governance is a multi-angle and multi-field issue, and suggested that doctoral students broaden their horizons and conduct interdisciplinary research. Professor Zhao Qiuyan spoke highly of the theoretical significance of the topics selected in the three papers, emphasizing that the research background should be clearly understood, the policy context should be clarified, and the policy foundation should be laid. The combination of theory and practice is more vital. Broaden the interdisciplinary research perspective and consolidate the theoretical foundation; Use multidimensional research methods to build the research method foundation. On the basis of two teachers comments, Mr. Wang Shuaiyi put forward concrete suggestions for revising the three articles respectively. Teacher Wang Shuaiyi emphasized that the governance of rural agriculture, rural areas and farmers is particularly complicated and involves many fields. The research on related issues should not be confined to a single discipline, but should have the ability to think and solve problems systematically and comprehensively.
The second sub-forum
The theme of the second sub-forum is "Multi-angle Thinking of Grassroots Governance Ability", presided over by Dr. Wu Jia of Beijing Normal University Law School.
Unit 1 Environmental civilization and grassroots rule of law
Wu Shuyi, Ph.D. of Wuhan University Law School, gave a report entitled Environmental governance transition in Risk Society-From the Angle of Information Regulation; Duan Xiaohong, Ph.D. of Hainan University Law School, gave a report entitled Research on the Principle of Liability for Ecological Damage Infringement from the Perspective of Typology; Li Mengyao, Ph.D., School of Law, South China University of Technology, gave a report entitled Policy and Legal Promotion of Modernization of Environmental Governance. Professor Wang Jin from Peking University Law School, Professor Sun Youhai from Tianjin University Law School and Professor Leng Luosheng from Beijing Normal University Law School commented on the reports of the three doctors.
Professor Wang believes that the topics selected by the three doctors are closely related to the current key and difficult issues, and all of them are meaningful and innovative topics. However, there are also some problems in the thesis writing. At the same time, it puts forward some valuable suggestions for revising the speeches of the three doctors from the aspects of the size of the topic, the definition of the concept and the matters needing attention in comparative study. Professor Sun believes that although some good suggestions have been put forward in the theses of the three doctors, it is necessary to clearly define the discipline orientation of their research, clarify the purpose of their thesis writing, and give more consideration to the balance of various materials applicable to the thesis. Professor Leng gave specific suggestions for revising the theses of the three doctors respectively, especially pointing out that the contents of the theses should reflect the latest changes in laws and policies, and the official reports should be studied in time to ensure that the research is not divorced from reality.
Unit 2 Administration according to law and legalization of grass-roots political power governance
Ph.D. Ji Liangliang, School of Law, Zhongnan University of Economics and Law, gave a report entitled Theoretical Interpretation and System Construction of Legitimacy Review of Village Regulations and Folk Conventions; Ph.D. Cao Yang, School of Law, Renmin University of China, gave a report entitled Conflict and Balance Coordination between Taxpayers Information Rights and Tax-related Information Management Rights in China; Guan Wenyi, Master of Law School, Wuhan University, gave a report entitled Rational Examination of Administrative Organs Use of Face Recognition Technology from the Perspective of Proportionality Principle. Professor Hou Xuebin, a professor at Jilin University Law School and deputy editor-in-chief of Law and Social Development, Judge Wang Yanbin, a senior judge and first-class inspector of the Supreme People's Court, and Professor Liu Peifeng from Beijing Normal University Law School made expert comments.
Professor Hou praised the highlights of the three students articles respectively, and commented on the existing problems one by one, including insufficient theoretical explanation, suggestions on system construction must suit the remedy to the case, the core problems should be highlighted, the problems existing in the article structure, and the discussion of the problems tend to be vague. And put forward the corresponding improvement suggestions. Judge Wang praised the three students for their strong sense of problems and innovative topics, which achieved the focus and refinement from topics to research issues, and pointed out the areas that needed to be further strengthened and improved. Professor Liu said that after reading the three articles, it is obvious that all three students have their own characteristics and advantages, and they also provide very clear information. Professor Liu suggested that when you put forward research questions, you should effectively explain and demonstrate relevant facts and systems, instead of making a lot of qualitative judgments without in-depth theoretical analysis. It is also necessary to sort out the academic history to show your own research foundation and promote the research depth better, otherwise it will lead to a slight lack of discussion on the importance of research.
Unit 3 Criminal law issues in grass-roots governance
Xing Lishan, a doctor from Beijing Normal University Law School, gave a report entitled Building a Clean Government under the Strategy of Rural Revitalization—from the Perspective of Rural Micro-corruption, Jia Min, a doctor from northwest university of politics and law, gave a report entitled Construction of Prevention Mechanism for Personal Extreme Violent Crimes from the Perspective of “Fengqiao experience”, and He Zhiyu, a doctor from Beijing Normal University Law School, gave a report entitled Review on the Felony Murder Rule in the U. S. Criminal LAW. Professor Lao Dongyan from Tsinghua University Law School, Professor Yin Jianfeng from Beijing Normal University Law School and Associate Professor Peng Xinlin from Beijing Normal University Law School made expert comments on the three reports.
Professor Lao praised the articles of the three doctors, which are closely related to the current social governance in China, have a clear awareness of China's problems, broad research horizons, detailed information and sufficient information. However, the three articles still have their own problems, such as lack of theory and confusion of logic. Professor Lao also made some specific suggestions on the publication of the paper. Professor Yin believes that the paper needs to have its practical significance, and it needs to be clearly discussed in the article, and there can be no deviation from the title. Concept is the starting point of logic. This paper needs to clearly define the concept, and the concept, characteristics and policy suggestions should also be closely related. Professor Peng suggested that the scope of research should be clearly defined, otherwise, too much research will inevitably become vague; the structure of the article needs to be carefully carved, so as not to make people feel abrupt; A comparative study should be conducted not only through introductory narration, but also through in-depth understanding of the system. The purpose of comparison is to provide reference and enlightenment for our country.
The third sub-forum
The theme of the third sub-forum is "Personal Information Protection in the Civil Code Era", presided over by Dr. Fu Shuju of Beijing Normal University Law School.
Unit 1 Civil code and modernization of national governance capacity
The unit is presented by Dr. Jin Yulu of Beijing Normal University Law School as a report entitled Boundary and Path of Intellectual Property Protection of Algorithms, by Dr. Zhao Tong of University Law School of Chinese Academy of Social Sciences as a report entitled On the Effectiveness of Joint and Several Debts Involving Others-focusing on Article 520 of the Civil Code, and by Dr. Heng Jingzhi of Southwest University of Political Science & Law as a report entitled On the Reasonable Limit of Liability for Violation of Security Obligations—Comment on Guiding Case No.140 of the Supreme People's Court of the People's Republic of China Expert comments were made by Professor Yin Fei, Dean of Central University of Finance and Economics Law School, Professor Du Ying of Central University of Finance and Economics and Professor Xia Limin of Beijing Normal University Law School.
Professor Yin Fei emphatically commented on the theses of Dr. Zhao Tong and Dr. Heng Jingzhi, and proposed amendments to the two students from the persuasiveness of the theses, legal causality, expression of terms and so on. Professor Du Ying emphatically commented on Dr. Jin Yulu's thesis, praised the structure of this classmate's thesis, and suggested that we should think more deeply, link the protection of trade secrets with social governance, and consider the relationship between algorithms and personal information protection under different conditions. Professor Xia Limin praised the three students for their strong insight into the topic, and pointed out the problems of the three students in the topic capacity, etc.
Unit 2 Multi-dimensional protection of personal information
The module was presented by Su Yunda, Ph.D., School of Law, Minzu University of China, entitled Research on Civil Law Protection Path of Personal Information Rights and Interests in Big Data Era, Tong Yunfeng, Ph.D., School of Law, Southeast University, entitled Influence of Personal Information Protection Law on the Application of Criminal Law, and Zhou Yanlin, Master of Shanghai Maritime University, entitled "Application Dilemma and Relief of Informed Consent Rules in Big Data Era. Expert comments were made by Professor Yang Ming of Peking University Law School, Deputy Director Peng Ling of china law society Member Department and Teacher Sun Xinkuan of Beijing Normal University Law School.
Professor Yang Ming commented on the papers of three students, and proposed that the paper should accurately find the breakthrough point in the definition of topic selection, and avoid the problem of too large topic selection. Director Peng Ling commented on the key points of Dr. Tong Yunfeng's thesis, and also commented on the other two articles, pointing out that the writing of the thesis should be rigorous, the writing should be fluent, and the conclusion should be supported by facts. Teacher Sun Xinkuan thinks that the paper should pay attention to format specification in form and focus in content to ensure the relevance between content and title.
Unit 3 Justice and governance in the era of big data
This module is presented by Dr. Wang Mingze of Renmin University of China Law School, entitled The Way to Protect Personal Information by Anti-Unfair Competition Law, by Dr. Sun Menglong of Heilongjiang University Law School, entitled Judicial Blockchain and Blockchain Justice, and by Cao Xin, Master of Public Affairs College of University of Science and Technology of China, entitled Monopoly in Personalized Algorithm Pricing and Its Legal Regulation. Professor Wang Qinghua of Beijing Normal University Law School, Associate Professor Zhang Jiangli of Beijing Normal University Law School and Teacher Li Xiaoxiao of Beijing Normal University Law School made expert comments.
Professor Wang Qinghua pointed out that the most effective mechanism of personal information law is the protection mechanism of rights and interests, and it is necessary to define the boundaries of various rights. Associate Professor Zhang Li believes that the paper should clearly define new terms while proposing them, and better combine technical language with legal language, so that readers can better understand the author's original intention and avant-garde technology. Teacher Li Xiaoxiao suggested that the paper should avoid the substantive identity in each part, pay attention to the problem of language logic, and don't put too much emphasis on consensus.
November 28th Two parallel sub-forums
The first sub-forum
The theme of the first sub-forum is "Strictly administering the party, administering according to law and local governance at the grass-roots level", presided over by Dr. Ren Xin of Beijing Normal University Law School.
Unit 1 Improve the Party's overall leadership and grass-roots governance capacity.
The unit was presented by Dr. Chen Honglei of Jilin University Law School, entitled "Party Organizations Participation in the Governance of State-owned Enterprises: Function, Style and Perfection-an Empirical Study Based on the Articles of Association of 289 A-share Listed Companies Owned by Central Enterprises", and by Dr. Li Juan of Xiangtan University Law School, entitled Internal Logic, Practical Problems and Optimization Path of Joint Publication by Party and Government-analysis Perspective Based on System Theory. Dr. Wu Jia from Beijing Normal University Law School gave a report entitled Transposition Consensus: Communication Strategies and Effectiveness between Judges and Parties, and Dr. Huang Xinzheng from Soochow University Law School gave a report entitled Respect for Human Dignity as the Rule of Law-its Brief Development and Examples in Legislation, Law Enforcement and Justice. Expert comments were made by Li You, director of the editor-in-chief office of China Legal Science, Professor Zhou Ziliang, vice president of Shanxi University Law School, Associate Professor of Renmin University of China Law School and Associate Professor You Chenjun, deputy editor-in-chief of Jurist.
Director Li You gave normative guidance to the four papers of this unit from the perspectives of topic conception, language expression and practical feasibility of research results. Professor Zhou Ziliang agreed with Director Li You's comments and affirmed the accuracy of the article's question consciousness, and in turn talked about his own experience on the way of empirical research of the articles of association and the acquisition of original materials in the four papers. Associate Professor You Jun made a critical comment on the four articles one by one. In response to Dr. Chen Honglei's thesis, Mr. You Chenjun put forward a proposal to take full care of the existing discussions and opinions on related issues. At the same time, it is suggested that the issue of how to respond to the criticism of international academic circles on the participation of party organizations in the governance of state-owned enterprises should be studied extensively. As for the legitimacy of the joint publication by the party and government, Mr. You Chenjun pointed out that it has strong ideological attributes, so it is more suitable for research under the Chinese political and legal system. As for Dr. Wu Jia's thesis, it is suggested to further expand the effective samples of empirical research; In view of Dr. Huang Xinzheng's thesis, Mr. You Chenjun pointed out that the evaluation of abolishing the Six Laws in his thesis was biased, and suggested that an objective evaluation should be made after an all-round investigation of its background.
Unit 2 Grassroots social governance and regional development
The unit was presented by Dr. Li Beibei of Beijing Normal University Law School, entitled Research on the Legal Protection of Promoting Rural Revitalization in an All-round Way from the Perspective of Governing Xinjiang by Law in the New Era, and by Dr. Tang Yu of School of Public Policy and Management of Xi 'an Jiaotong University, entitled How is collective action possible in grass-roots governance? —— Based on the Report of Investigation on the Installation of Elevator in N Community, Dr. Zheng Haolin of Qinghai University for Nationalities gave a report entitled Research on the Logic and Practical Path of Transformation from Political Consultation to Governance Efficiency in Qinghai Ethnic Areas from the Perspective of Grassroots Governance. Expert comments were made by Professor Feng Yujun, Professor of Law School of Renmin University of China, Vice President of Xi Jinping's Research Institute of Socialism with Chinese Characteristics for the New Era of Renmin University of China, Attorney General Zhang Zhongming, Party Secretary of Hohhot People's Procuratorate, and Director Zhou Mingqian, Research Office of Dong Biwu's Legal Thought (Theory of Socialist Rule of Law with Chinese Characteristics) in china law society.
Professor Yujun Feng spoke highly of the topic selection of doctoral students in this unit with "small incision, university questions". At the same time, he praised Dr. Li Beibei, who has poverty alleviation experience, for measuring the rule of law with his footsteps, emphasizing that rural revitalization is facing the tension between grand narrative and specific challenges, which Dr. Li Beibei needs to grasp. We should see the commonalities between the two, and suggest to introduce the perspective of law and economics for technical deepening. In response to Dr. Tang Yu's thesis, Professor Feng Yujun made an in-depth analysis of the cultivation of community consciousness between residents and grass-roots organizations in grass-roots epidemic prevention work, especially reminding that western public management theories need to be applied discriminatorily. At the same time, according to Dr. Zheng Haolin's thesis, we should really listen to public opinion and pay attention to people's needs. Attorney General Zhang Zhongming spoke highly of the reality and pertinence of the topics selected in the three papers. In view of the shortcomings, he suggested that Dr. Li Beibei further think deeply and dialectically about the solution path of comprehensively promoting the rule of law in rural revitalization in the new era. It is suggested that Dr. Tang Yu conduct in-depth research from the perspective of the role played by retired party members and cadres in grass-roots governance; It is suggested that Dr. Zheng Haolin further develop and deepen the background explanation, countermeasures and suggestions. In view of Professor Feng Yujun's suggestion that we should pay attention to the differences between different regional governance issues and also pay attention to the common points, Director Zhou Mingqian emphasized that grass-roots governance should be more advocated to suit local conditions, suit the remedy to the case, and put forward some suggestions for the improvement of the three articles.
The second sub-forum
The theme of the second sub-forum is "Social Governance and Dispute Resolution in the Post-epidemic Era", presided over by Dr. Dai Zhen of Beijing Normal University Law School.
Unit 1 Exploration of emergency rule of law in the era of normalization of epidemic situation
In this module, Dr. Guo Bao of Xiamen University gave a report entitled On the "Technique" and "Way"of China's Medical Insurance Reform-taking the Medical Expenses During the Epidemic in COVID-19 as an Example", Dr. Hou Jiayu of Jilin University gave a report entitled Optimization of the Emergency Administrative Expropriation System in Emergencies, and Mr. Zhang Wenxiang of Yang-En University Law School gave a report entitled Research on Rural Community Governance in Major Public Emergencies. Teacher Li Cheng, editor of Administrative Law Research of China University of Political Science and Law, Associate Professor Jiang Yongwei of Dalian Maritime University Law School and Associate Professor Tang Can of Beijing Normal University Law School made expert comments.
Teacher Li Cheng thinks that the topics selected by the three speakers are of great practical significance, and puts forward some improvement suggestions for the three papers, such as further expanding the content, enriching the structure level of the article and strengthening the discussion. Mr. Jiang Yongwei first praised Dr. Guo Bao for using the law major to choose medical insurance reform, and thought that it reflected his personal feelings and responsibilities. This paper points out the problems existing in the title, structure and strategy of the paper, and puts forward some suggestions from three aspects: clear position, demonstration of the possibility of reform and demonstration strategy. Then, according to the articles of the other two speakers, the advantages and disadvantages are evaluated, and specific suggestions for revision are given. Teacher Tang can said that the topics of the three papers are all studied by combining management needs, which is of great practical significance and thought-provoking, but all of them have their own problems. For example, the structure of Dr. Guo's thesis is clear, but the framework is slightly larger, and the application of concepts is slightly messy, so we can adjust the structure and level of the thesis to improve it. Dr. Hou's article can set up a theoretical framework and put forward solutions combined with national policies. We can also strengthen the research of jurisprudence from the perspective of citizen' basic rights in the Constitution, so as to enrich and improve the content and structure of the paper. The main problem of Mr. Zhang's article is that the topic and content are not closely connected. It is suggested that the observation angle should be narrowed, and the legal discipline of the article should be enhanced by combining the provisions of the organic law of the village committee (neighborhood committee) and the emergency response law.
Unit 2 Social governance and civil dispute resolution
In this module, Dr. Zhang Hai from Nanjing Normal University Law School gave a report entitled Empirical Research on People's Mediation in Family Disputes, Dr. Zhao Dawei from Jilin University Law School gave a report entitled Exclusivity of Real Estate Ownership Clause in Divorce Agreement to Enforcement—A Study Centered on the Litigation Review of Outsiders Objections, and Dr. Chen Guangpeng from Beijing Normal University Law School gave a report entitled Reflection and Perfection of Judicial Practice of Reputation Infringement Identification under the Governance of Civil Code—From the Perspective of Comparison with Civil Law System Professor He Ran, Dean of Hainan Normal University Law School, Professor Xu Shengping of Beijing Normal University Law School and Professor Yuan Zhijie, Vice President of Beijing Normal University Law School, made expert comments on the above four papers.
Professor He Ran thinks that the topics selected by the four scholars in this unit are closely related to the basic theories and social hotspots of law, with diverse research methods and strong theoretical and practical significance. Professor He Ran pointed out that Dr. Zhang Hai's thesis limited the discussion of problems because he hoped to focus on data. Although data can provide proof of results, the reasons may need to be analyzed from various levels. Master Wu Xiao's thesis discusses the right to privacy from the level of legal philosophy, which is very valuable, but there are also some regrets, which are mainly manifested in that the discussion is not clear enough, and rigorous logical theory cannot be sorted out. Later, Professor He Ran commented on the advantages and disadvantages of the four papers in turn, and put forward corresponding suggestions for revision.
Professor Xu Shengping emphatically commented on Dr. Zhang Hai's thesis. Professor Xu said that as the saying goes, "Read the newspaper first", the main title of Dr. Zhang Hai's thesis is slightly larger, the subheadings are not concise and clear enough, and some titles use "question marks", which may be controversial in terms of writing standards. Secondly, for the use of statistical data, it is necessary to have a clear source, and the outdated data will lead to doubts about the reliability and scientificity of the conclusion.
Professor Yuan Zhijie pointed out that although Professor Xu only commented on one article, it was actually a suggestion of universal significance, which should be taken seriously by all our researchers. Professor Yuan Zhijie focused on Wu Xiaoming's master's thesis and discussed the importance of privacy from the perspective of subjectivity. The core of privacy protection should be to achieve a balance between society and individuals.
Closing ceremony
The closing ceremony of this forum was presided over by Associate Professor Yan Houfu, director of the Academic Postgraduate Work Office of the Law School of Beijing Normal University. Teacher Yan said that the theme of this forum is "grassroots governance and modernization of national governance capacity". In a sense, doctoral students are the "grassroots" of the academic community, and their academic ability is solid, so that the "governance capacity" of the whole academic community can be more "modernized". I hope to make a little contribution to the "grass-roots governance" of the legal academic community by holding the forum of doctor of law in the capital. I would also like to express my heartfelt thanks to all participating doctoral students and comment experts for their guidance and help to the conference, and look forward to the forum becoming better and better in the future.
Professor Zhou Zhenjie, Vice President of the Institute of Criminal Law Science of Beijing Normal University, made a closing speech. Professor Zhou Zhenjie said in his speech that judging from the contents of speeches and comments in this forum, this forum embodies four combinations: the combination of theoretical frontier and practical frontier, the combination of macro background and specific issues, the combination of historical tradition and modern issues, and the combination of teaching and learning spirit. Professor Zhou Zhenjie said that the fruitful results of the forum could not be separated from the hard work of every staff member, and he expressed his heartfelt thanks to all the participants.
After that, Mr. Yan Houfu read out the list of winners of the 3rd Forum of Jurists in Beijing. Forty-four papers were shortlisted in this forum, and 12 winning papers were finally selected after layer-by-layer screening. Among them, there are 2 first prizes, 4 second prizes and 6 third prizes.
This forum not only builds a high-level academic exchange platform for doctoral students of law in universities across the country, but also provides opportunities for young scholars to show themselves and make progress together, who have received a good response among doctoral students, experts and scholars. At the same time, this forum fully shows that young scholars and doctoral students in the new era write their papers on the land of the motherland, expressing their feelings of home and country, and showing a childlike heart. Young scholars pay attention to the rule of law in the current grass-roots governance by empirical research, field investigation, poverty alleviation and other ways, and deepen their understanding of the theory and practice of the rule of law governance at the grass-roots level of Chinese society in the new era. At this point, the 3rd Academic Forum for Doctoral Students of Law in Beijing has come to a successful conclusion, and I look forward to meeting you offline next year!