Prof. Dr. Lihong ZHANG

Transcription

1 Prof. Dr. Lihong ZHANG ( 张 礼 洪 ) Profession Full Professor of Civil Law, Roman Law and Comparative Law (East University of Political Science and Law, Shanghai ) Director of Research Center of Roman Law and European Law Vice-Director of Civil Law Research Center (East University of Political Science and Law, Shanghai) Position in Chinese academy Vice General Secretary of China s National Society of Civil Law Director of China s National Society of Comparative Law Standing Director of China s National Society of European Law Membership of International Academy Member of International Comparative Law Member of International Editorial Board of European Society for Comparative Legal History (ESCLH) Member of Academy of European Private Lawyers (Academie des Privatistes Europeens, Pavia, Italy) Member of Italian Association for Research of Comparative Law) ( SIRD, Società Italiana per la Ricerca nel Diritto Comparato) Arbitrator (Shanghai Arbitration Commission, Guangzhou Arbitration Commission) Attorney at law (Zhonglun W&D Law Firm, Shanghai Office) Languages Chinese (mother tongue), English (Proficient), Italian (Proficient), French (proficient),german( proficient), Spainish (good) with capacity of reading Latin and Portuguese Education from September1988 to July 1992 from September1988 to July 1992 China University of Political Science and Law (Beijing, China) Bachelor of Law Remin University (Beijing) Short University Diploma Degree of Accounting

2 from September 1992 to July 1995 from January 1996 to May 1996 from November 1997 to July 2003 China University of Political Science and Law (Beijing, China) 中 国 政 法 大 学 Master of Law Master Tutors: Prof. Jiang Ping ( 江 平 ),Prof. Yang Zhenshang( 杨 振 山 ) Thesis: The Contractual Liability in Roman Law and Its Development in Chinese Law (published in Civil and Commercial Law Review ( 民 商 法 论 丛 ),edited by Liang Huixing ( 梁 慧 星 ), vol.5,1996, Beijing ) La Sapienza University of Rome (Italy) High Training Course of Roman Law La Sapienza University of Rome (Italy) Ph. D. in Roman Law (first Asian holder of Ph.d. Degree in Roman Law) Ph.D. Tutors: Prof. Mario Talamanca and Prof. Sandro Schipani Thesis: The Innominated Contracts in Roman Law: Thoughts of Labeo and Ariston (published by Giuffre Press, 2007, Italy, the first monograph in European language written by an Asian) Professional Qualification October 1993 from June 2004 till now Bar Exam of China (passed) Arbitrator of Shanghai Arbitration Commission Awards June 1995 The First Grade Award conferred by Commission of the First National Match of the Publications on Intellectual Property Law, organized by China Intellectual Property Association, China National Copyright Bureau e China National Patent Bureau Scholarship granted by Italian Foreign Affair Ministry Feburary 2005 October 2005 from November 2005 to September 2006 Jan 2008 April 2009 The Prize for the Best Young Teachers of University in Shanghai granted by Shanghai University Education Bureau ( 上 海 市 高 教 局 ) The Pujiang Prize for the Shanghai s Excellent Researchers with Foreign Studying or Working Experience ( 浦 江 优 秀 归 国 人 员 奖 ) granted by Shanghai Human Resource Bureau ( 上 海 市 人 事 局 ) Scholarship for Post-Doctorate Research granted by Maison des Sciences dell Homme de Paris Taofeng ( 韬 奋 ) Scholarship for the Teachers at East China University of Political Science and Law Prize for Best Young Teacher in Shanghai, granted by Shanghai Human Resource Bureau ( 上 海 市 人 事 局 )

3 October 2010 International Prize Rosario Rubettino granted by Italian Rubettino Foundation Work Experience from July 1990 to September 1990 from June 1991 to October 1991 from November 1995 to March 2003 from November 1993 to November 1995 from November 1997 till now from May 1998 to sept 2002 from November 2001 till now from September 2002 to September 2003 from November 2005 to September 2006 April 2006 from December 2003 to October 2007 Legal Assistant ChangPing Law Firm (Beijing) Legal Assistant Qinghuangdao Law Firm (Qinghuangdao, HeBei Province) Visiting scholar Tor Vergata University of Rome (Italy) Attorney at Law (Part Time) ZhongHeng Law Firm (Beijing) Editor Italian Journal Assorcorce News published by International Trade & Development Association of Italy (Rome) Foreign Of-Counsel Pavia & Ansaldo Law Firm (Rome) Associate Editor Italian Journal "MACRO" - Economics, Market & Policy-marking of International Relations (Naples) Visiting scholar Humboldt University of Berlin (Germany) Post-Doctorate I Universite de Paris Panthéon Sorbonne and Maison des Sciences dell Homme de Paris ( France) Visiting Scholar Maison des Sciences dell Homme de Nantes (France) Associate Professor of Civil Law and Roman Law East China University of Political Science and Law (Shanghai) from December 2003 till now from April 2006 April 2008 from October 2007 till now Feb-March 2010 Director of Roman Law and European Law Research Center Vice-Director of Civil Law Research Center East China University of Political Science and Law (Shanghai) Vice Editor-in-Chief of Legal Science Monthly (Faxue) Full professor of Civil Law and Roman Law East China University of Political Science and Law (Shanghai) Fellow at Asian Law Institute of National University of Singapore Academic Activities

4 from 1995 till now Publications of 17 books ( 10 books with other authors) and 73 articles in Chinese and international academic journals (see list of publication) from Sept.2010 till now Responsible for National Social Science Research Project ( 国 家 社 科 基 金 ) Decodification of Civil Law and Codification of Chinese Civil Law International activities: April 15, 1996 July 6, 2000 June 19, 2001 February 18, 2003 February 23, 2003 March 11, 2003 June 4, 2003 March 23, 2004 August 2004 April 2-3, 2005 September 2-10, 2005 October 7, 2005 December 2005 December 21, 2005 Presentation Roman Law, Chinese Law and Codification of Law: History and prospective organized by Department of History and Theory of Law of Tor Vergata University of Rome (Prof. Sandro Schipani, Italy) Presentation Actio civilis in factum" organized by University of Roma "La Sapienza" (Prof. Antonio Mantello, Italy) Presentation How to Wind up a Joint Venture in China at the seminar Procedure of the Bankruptcy of Joint-Venture in China organized by Italo-Chinese Chamber of Commerce in Milan Presentation Evolution of the Chinese Legal System organized by Institute of Comparative Law of University of Rome La Sapienza (Prof. Diego Corapi, Italy) Presentation Chinese Civil Law and Its Codification organized by Private Law Department of Federico II University of Naples (Prof. Paolo Pollice, Italy) Presentation Civil Law and Economy: Experience in China organized by Institute of Civil Law of University of Rome La Sapienza (Prof. Natalino Irti, Italy) Presentation Codification of the Chinese Civil Law organized by Comparative Law Research Center of Muenster University (Prof. Reiner Schulze, Germany) Presentation Codification of Civil Law organized by Piemonte Orientale University (Prof. Michele Graziadei, Italy) Teacher and organizer of Course on the Chinese Law organized by Tor Vergata University, China University of Political Science and Law and East China University of Political Science and Law (Shanghai, China) Organizer of the International Symposium Codification and Decodification of Civil Law (Shanghai, China) Discussant at V International Seminar Soverato Roman Law and Ancient Society (Prof. A. Corbino, Italy) Presentation Justice in Roman Contract Law at the International Conference Law, Peace and Justice in Roman Empire and Middle Ages (Seul, Korea, Prof. Byong Jo Choe) Teacher of Course on the Chinese Law organized by Verona University (Prof. Alessio Zaccaria, Italy) Speaker at the Seminar Legislative Reform in China and the Latest Development of Chinese Civil Law organized by Verona University (Prof. Alessio Zaccaria, Italy)

5 June 20, 2006 June 25-30, 2006 April 7-8, 2007 June 23-30, 2007 November 23-25, 2007 November, 2007 December 7, 2007 December 12, 2007 Presentation Tort Law in China at the International Conference Experience of Trust in Catalugne in Spain and in the Continental Countries organized by Barcelona University (Prof. Esther Arroyo i Amayuelas, Spain) Presentation Roman Contract Law and its Influence on Unification of European Private Law at International Conference Roman Public Law and Private Law. Development of European Law organized by Moscow University and Russian Accademy of Social Science (Prof. L. Kofanov, Russia) Organizer of the International Symposium Real rights: Historical Experience, Modern Development and Comparative Prospective (Shanghai, China), jointly by Roman Law and European Law Research Center (ECUPL) and University Rome Tre (Italy) discussant at VI International Symposium of Roman Law Roman Law and Ancient Society (Prof. A. Corbino, Amantea, Italy) Presentation The Civil Liability of Snow Sport under Chinese Law at the International Conference Legal Forum: From the Laws of Snow To Law of Snow organized by International Forum of Snow Law (avv. Avella, Italy) Teacher of Course on the Chinese Law organized by Pavia University (Prof. Crespi Reghizzi, Italy) Presentation Codification du droit civil en Chine organised by Liege University (Prof. J. F. Gerkens, Belgium) Speaker at seminar Studies on Antimonopoly Law of PRC organised by Advanced Research Center on Contemporary China at Turin University(Prof. Gianmaria Ajani, Italy) September 2008 till now Teacher and organizer of Course of Italian language and Latin Language at East China University of Political Science and Law (together with Prof. Stefano Benedetti from University of Rome La Sapienza and Prof. Thomas Voskuhl from Hamburg University ) November 18, 2008 April-May, 2009 May 7, 2009 Oct 8, 2009 Jan 25, 2010 Presentation Latest Development of Codification of Civil Law in China at International Conference Bicentennial Colloqium on Codification of Lousianna Civil Code organised by Society of Legal Science of UN and Law School of Tulane University ( New Orleans,USA, Prof. Vernon Palmer) Teacher of Course on the Chinese Law organized by Pavia University (Prof. Crespi Reghizzi, Italy) Speaker of Bonacossa Lecture The New Legislation on Property Law and the Related Debate on Political System in China organized by Pavia University (Prof. Silvio Beretta) Presentation Process of Unification of European Contract Law at Jean Monnet Seminar The Unification of European Contract Law organized by Law faculty of University of Macau (Prof. Paulo Canelas de Castro) Presentation Chinese Tort Law and Its Exisiting Problems organized by Hitotsubashi University (Prof. Chihiro Nunoi, Tokyo, Japan)

6 Feb 1st, 2010 March 19, 2010 October, 2010 Oct 4, 2010 Presentation Studies of Roman Law in China organized by Osaka University (Prof. Tomoyashi Hayashi, Osaka, Japan) Presentation Legal Protection of Privacy in China: Legal Protection of Privacy in China: How the Chinese Law in Action Actually Works? organized by Asian Law Institute of National University of Singapore (Prof. Victor Ramraj, Singapore) Teacher of Course on the Chinese Law organized by Pisa University and Pisa Bar Council (Prof. Aldo Petrucci, Italy) Presentation How to Translate Law organized by University of Bologna (Prof. Marina Timoteo, Italy) 14-16, Oct, 2010 Organizer of the International Symposium Legal Protection of Personality Rights: Historical Foundation, Contemporary Development and Challenges (Suzhou- Shanghai, China), organized jointly by Roman Law and European Law Research Center and Civil Law Research Center (ECUPL), China s National People s Congress Standing Committee and Remin University (Beijing) March 22, 2011 May 19, 2011 July 05, 2011 June 21-25, 2011 July 21, 2011 Nov. 8, 2011 Feb 16, 2012 Feb 17, 2012 Presentation Roman Law and Modernization of Chinese Private Law organized by Law faculty of University of Macau (Prof. Salvatore Mancuso, Macau) Presentation Comparative Perspectives on Codification of Civil Law in China and Europe and organized by Law faculty of La Sapienza University of Rome (Prof. Guido Alpa, Italy) Presentation Codification of Civil Law in China--Some Reflections on codification of European Private Law and organized by International University College of Turin (Prof. Ugo Mattei, Italy) Presentation Actio In Factum Civilis Between Certainty and Uncertainty at VII International Symposium of Roman Law Roman Law and Ancient Society (Prof. A. Corbino, Severato, Italy) Presentation Sense of Justice in Chinese Civil Law at the international conference Sense of Justice in China and Europe organized by Conseil d Etat de France and China s National Society Comparative Law (Judge Antoine Garapon, Paris, France) Presentation Latest Development of Comparative Law in China at the international conference New Frontier of Comparative Law organized by Macau University (Prof. Salvatore Mancuso, Macau) Presentation The Role of Comparative Law and Its Presenters in Developing Chinese Law Today organized by University of Carlifonia, Berkeley (Prof. Richard Buxbaum, USA) Presentation Roman Law in China organized by University of Carlifonia, Berkeley (Prof. Laurent Mayali, USA) March 1, 2012 Presentation Development of Comparative Law in China organized by Tulane University (Prof. Vernon Palmer, USA) March 6, 2012 Presentation Sense of Justice in Chinese Civil Decision. A Case Study of Chinese

7 & March 12, 2012 April 6, 2012 April 26, 2012 May 24-26, 2012 Civil and Commercial Law organized by Harvard University (Prof. William Alford, USA) and Georgetown University (Prof. Franz Werro and Prof. James Feinerman, USA ) Presentation Roman Law and Modernization of Chinese Law organized by Seoul University (Prof. Byong Jo, Choe, Korea) Presentation Role of Comparative Law in the Modernization of Chinese Civil and Commercial Law at the international conference The Impact of Foreign and International Law on National Legal Systems: Comparisons in Legal Development organized by Swiss Institute of Comparative Law (Lausanne, Switzerland) National Report of China Codification of Civil Law in China at the second Thematic Conference of International Academy of Comparative Law Codification (Prof. Wen Yeu Wang) Academic activities in China: from March 2004 till now invited more than 40 foreign professors to visit ECUPL and organized 40 seminars on Roman Law, Civil Law and Comparative Law. The academic visitors came from Germany, France, Italy, Russia, Netherland, Belgium, USA, UK, Korea, Japan, including some worldwide well-know scholars, such as Prof. Cesare Mirabelli (President of Italian Constitutional Court), Prof. Massimo Bianca, Prof. Luigi Labruna, Prof. Luigi Capogrossi, Prof. Sandro Schipani, Prof. Letizia Vacca, Prof. Gianmaria Ajani (Italy), Prof. Reiner Schulze, Prof. Okko Behrends, Prof. Franz-Jürgen Säcker (Germany), Prof. Dirk Heibaut (Belgium), Prof. Edgar du Perron (Holland), Prof. Kofanov, Prof. Bibikov (Russia) from March 2004 till now delivered more than 38 academic speeches at the annual symposiums of China s National Comparative Law Association and China s National European Law Association and leading Chinese universities, such as Tsing-Hua University, China University of Political Science and Law, Fu Dan University and Zhejiang University. Hobby Swimming, Chess, Jogging, Tennis, Badminton, Gymnasium, Classic Poems

8 List of Publications Main Books: 1. Theory and Practice of Proxy (Daili de Lilun Yu Shijian) co-author Economic Administration Press, Beijing, Studies on the cases of the Civil Law(vol.4, On the Cases of the Insurance Law) (Mingfa Anli Yuanju), co-author Shang-Xi Press, Taiyuan, China, Law Handbook for the Government Employees (Gong Wu Yuan Fa Lü Shou Che), co-author China University of Political Science and Law, Beijing, Trap in the Purchase-Sale Contrtact (Mai Mai He Tong Zhong de Xianjing), co-author Xushu Shijie Press, Beijing, Encyclopedia of the New Law of Economic Contracts (Part : Principal Theory of Economic Contrtacts) (Xin Jingji He Tong Fa Da Quan), co-author Renmin Press, Beijing, Encyclopedia of the Law of People s Republic of China (Part : Relevant Law on Economic Planning and Company) (Zhong Hua Ren Min Gong He Guo Fa Lü Da Quan), co-author Beijing Press, Beijing, Dictionary of Civil Law (Part: Law on Sale of Securities and Proxy Law) (Min Fa Ci Dian) co-author, Nanjin University, Nanjin, China, The Chinese version of Some Selected Fragments on Public Roman Law in Corpus iuris civilis (from Latin into Chinese), University of Political Science and Law, Chinese Version of Italian Civil Code (appendice: The relationship between the Italian Civil Code and Corpus iuris civilis (Yi Da Li Min Fa Dian Yu Ming Fa da Quan de Qu Bie He Lian Xi ) China University of Political Science and Law, Beijing, 2001 and 2005 (second edition) 10. Course of Real Rights Law (Wu Quan Fa Jiao Cheng), author Beijing University Press, Beijing 2005 and 2007 (second edition) 11. I contratti innominati nel diritto romano. Impostazioni di Labeone e Aristone (in Italian, The Innominated Contracts in Roman Law: Thoughts of Labeo and Ariston ), author, Giuffre Press, Milan, Codiciation, Decodification and Anti-Codification of Civil Law (Mingfa Fadian Hua, Jie Fa Dian Hua he Fang Fa Dian Hua), Edited by Lihong Zhang and Fu PingGao, University of Political Science and Law Press, Freedom of Contract in Roman Law and Its Development (Luo Ma Fa Zhong De Qi Ye Zhi You Ji Qi fa Zhang), in course of printing, author, University of Political Science and Law Press, 2010

9 14. Code of European Contract (OU Zhou He Tong Fa Dian, edited by Giuseppe Gandolfi), Translated from French into Chinese by Lihong Zhang, China University of Political Science and Law, Modern China in Eyes of Italian Experts(Yi Da Li Yang Zhong De Xiang Dai Zhong Guo), edited by Lihong Zhang and Silvio Beretta, in course of printing, China University of Political Science and Law, 2012 Main Articles: 1. Studies on Public Promises in Remengu Legal Science (Ren Men Gu Fa Xue), n.2/1993, Huhehoot 2. Legislative Suggestion on the Hereditary Tax in Beijing Tax (Beijing Shui Wu), n/4, 1993, Beijing 3. Will Autonomy : Fundamental Principles of Law in a Society of Economic Market in Post-graduate Legal Science (Yan Jiu Sheng Fa Xue), n/3, 1993, Beijing 4. Economic Market and Will Autonomy (with Prof. Jiang Ping) in Law Studies(Fa Xue Yan Jiu), n/6, 1993, Beijing 5. Current Tendecy of Property Law in USA( by Prof. R.W. Poslton, Professor of Law at Indiana University) ( translation from English into Chinese in Forgien Law Review (Wai Guo Fa Yi Chong), n/4,,1994, Beijing 6. Limitation on the Transfer of the Investment of the Company in Legal Science (Fa Xue), n/3, 1995, Shanghai 7. Current Tendecy of Contractual Law in USA (by Prof. R.W. Poslton, Professor of Law at Indiana University) ( translation from English into Chinese) in Forgien Law Review(Wai Guo Fa Yi Chong), n/1, 1995, Beijing 8. Analysis on the Legal Relationship of the Securities Sale in Guangdong Legal Science (Guang Dong Fa Xue), n/6, 1995, Guangzhuo 9. Necessity of Strengthening the Legislation on Copyright in Industry and Commerce Journal ( August , Zhong Guo Gong Shang Shi Bao), Beijing 10. Counterfeiting the Products with the Denomination of Other Persons and the Violation of the Copyright in Journal of National Institute of Legal Operators in China (Zhong Yan Zhen Fa Guang Li Gang Bu Xue Bao), 1996, Beijing 11. The Contractual Liability in Roman Law and Its Development in Chinese Law (Luo Ma Fa Zhong De He Tong Zhe Ren Ji Qi Zai Xiang Dai Zhong Gong De Fa Zhang) in Civil and Commercial Law Review (Min Shang Fa Lun Cong), Beijing, The Effects of Obligations (Zhai De Xiao Li) in Shang Dong Legal Science (Shangdong Fa Xue), Consuetudine cinese e codificazione del diritto civile cinese (in Italian) in Assocorce News, Roma, 1998

10 14. The Jurisdictional Immunity of the Foreign States in Italy in European Law Review (Ou Zhou Fa Tong Xun), Beijing, The Codification of Civil Law in China: History, Current Situation and Prospective (in English) in Studium Iuris, Padova, The Methodology of the Comparative Law in Modern Legal Science (Xiang Dai Fa Xue), Chongqing, Comments on the Draft of Real Rights Law of PRC in Legal Science Monthly (Fa Xue), Shanghai, Codification of Civil Law in China (in English) in Contratto e Unificazione del diritto (edited by L. Gatt), Naples, The Theory of Decodification and the Codification of Chinese Civil Law in Legal Science Monthly (Fa Xue), Shanghai, Justice in the Roman Contract Law (in English) in Law, Peace and Justice: A Historical Survey (edited by Choe), Seul, Experiencia del trust en República Popular de China (in Spanish) in Trust en derecho continental e common law, (edited by E. A. Amoyals), Barcelona, Diritto Romano e Unificzione del diritto private European (in Italian) in Roman Public Law and Private Law. Development of European Law, Moscow, Report on the International Conference Real rights: Historical Experience, Modern Development and Comparative Prospective in the Continental Legal Countries (April 7 th -8 th 2007, Shanghai, in English) in Zeitschrift Vergliechenrecht, Chinesisches Recht (Germany), n. 4, Codification of Chinese Civil Law and the Existing Main Problems ( translated from English into Russian) in Ius Antiquum, Moscow, Distinzione tra permute e compravendita nell ius controversium tra la scuola proculiana e sabiniana (in Italian) in Fides, humanitas, ius. Studii in onore di L. Labruna, n. 8, Naples, Studies on Real Right After the Promulgation of China s Real Rights Law, (in English), in Diritto, lingue, culture, modelli giuridici europei nella Cina contemporanea, Naples, The Reform of Italian Company Law, in European Law Review (Ou Zhou Fa Tong Xun), Beijing, Elements of Roman Law and Germanic Law in Modern Civil Procedure Law,(by Giuseppe Chiovenda, translated from Italian into Chinese, in Jurisdiction (Si Fa), vol 4, Xiamen University Press, Latest Development of Codification of Civil Law in China (in English), in Tulane Law Review, vol. 38, New Orleans, USA, 2009

11 31. Realisation of Pre-emption Rights of Co-owner (An Feng Gong You Ren You Xian Gou Mai Quan Zhi Shi Xian), in Legal Science Monthly, vol.5, Shanghai, Criteria of Qualification of Fault in Contractual Liability: Roman foundation and Comparative Study. (He Tong Ze Ren Zhong De Pan Ding Biao Zhun. Luo Ma Fa Ji Chu He Bi Jiao Yuan Jiu), in Political Science and Law (Zheng Zhi Yu Fa Lu ), Shanghai, History of Study of Roman Law in China (Zhong Guo Luo Ma Fa Yan Jiu) (Translated from Chinese into Japanese), in Law Journal of Osaka University, in course of printing, Osaka, Japan, Some Reflections on the Modernization of Chinese Real Right System. Studies on Portuguese Civil Code (Wu Quan Zhi Du Xian Dai Hua De Ji Dian Si Kao. Yi Pu Tao Ya Ming Fa Dian Wei Si Jiao), in Global Law Review, Beijing, China, 2012