The 9th Joint Legal Seminar between Fudan University and University of Konstanz Was Successfully Held
From Sep.19th to 22nd, 2017, the 9th Joint Legal Seminar between Fudan University and University of Konstanz was successfully held at Conference Room 103, Leo Ko Guan Building, Jiangwan Campus, Fudan University.
On Sep. 19th, 2017, Prof. Chen Li, the vice dean of Fudan University Law School, extended a very warm welcome to all honored guests and scholars present. Prof. Astrid Stalder, Prof. Jochen Glöckner and Prof. Rudolf Rengier from Faculty of Law, University of Konstanz, on behalf of all the seminar visitors, gave opening addresses to express gratitude and thanks to the organizers, for the persistent cooperation and conversation between two universities. Both parties are glad to witness that bridges between Chinese and German students have been built, friendship are being strengthened, and that scholars are furthering the knowledge of both Chinese and German laws in the fields of civil law, criminal law and international law.
The first panel discussion focused on ‘Sino-German Civil Law and Public Law’, Prof. Astrid Stadler and Prof. Chen Li jointly chairing. Scholars present had a heated discussion on the following topics, for instance, limited legal capacity to act of minors, rescission of contract, calculation of litigation costs, the validity of arbitration agreement without foreign elements, bankruptcy law, etc. The topic on the comparison of legal capacity to act of minors between German and Chinese civil law triggered many attending professors and students’ interests.
The second panel discussion focused on ‘Comparative Civil Trials & Case Studies’. Prof. Zhang Wusheng from Fudan University Law School shared his experiences in the whole process teaching of cases to the reform of modern court trial. Prof. Bai Jiang, Prof. Xiong Hao, Judge Hu Zhenyuan from Shanghai No.1 Intermediate People’s Court and Cheng Qian from Junlan Law Office attended the seminar.
The third panel discussion focused on ‘Globalization and Rule of Law’, Prof. Rudolf Regnier and Prof. Chen Li jointly chairing. Scholars present analyzed and discussed several cases on refugee protection, the conflict of laws regarding the digital environment of consumers, application of China’s BITs, multi-sided markets in competition law, etc. During the discussion, Zhao Daiwei shared her experience on Human Rights Moot Court, and Jana Abt gave her views on the criteria of defining the relevant market in digital data cases, both of which aroused brainstorming. Prof. Zhu Dan summarized the scholars’ views and addressed comments on them by the final stage of the panel.
The fourth panel discussion focused on ‘Sino-German Criminal Law’, Prof. Rudolf Rengier and Wang Mingliang from Fudan University Law School jointly chairing. Scholars present shared their academic opinions on criminal liability for failures of duty to rescue, the historical development of no-fault liability principle, the criminal and administrative methods to regulate cartel agreements, etc. In addition, professors and students heatedly discussed the application of Good Samaritan law and the juridical practice of regulating cartels.
The fifth panel discussion focused on ‘Digitalization and Commercial Law’, Prof. Jochen Glöckner and Prof. Wang Jun from Fudan University Law School jointly chairing. Scholars present addressed pros and cons on different and interesting cases about fixed-price agreements, protection of copyright in the era of 3D printing, liability for online comments and postings, regulation of unreasonable low price tour, etc.
The Joint Legal Seminar between Fudan University and University of Konstanz is organized pursuant to a friendly exchange agreement between both universities. Fudan University Law School held the Seminar in 2005, 2008, 2011, 2014 and 2017, and University of Konstanz took turns to hold the Seminar in 2006, 2009, 2012 and 2016, all of which are successful and have a profound influence. Professors and graduate school students have heated academic discussions on frontier legal issues, which facilitates the mutual understanding of Sino-German legal culture and rule of law.
