On October 27th, 2017, cross-strait renowned Law Professor Su Yongqin, distinguished professor and doctoral supervisor of National Chengchi University in Taiwan, conducted a lecture titled "eye dotting before dragon drawing?--how the Mainland China meets the once-in-a-century code time” in B137 of School of Law, Xiamen University at the invitation of Department of Civil and Commercial Law. The Lecture was presided over by Professor Huang Jianxiong. Professor Xu Guodong, Associate Professor Liu Yongguang and Associate Professor Zheng Yongkuan were present by invitation. The lecture received warm welcome from the students with its rich content.
Professor Su began with the introduction of the report outline for foreshadowing. He believed that the formulation of general provisions of civil law in China meant two non-reversible decisions: the first is the formulation of the civil code, and the second is the formulation of a highly systematic civil code. First of all, he explained the system of civil code in detail, and put forward the theory of “extracting common factor”. He pointed out that China put the general provisions of civil law as an outline is a brave and correct decision, but the challenge of formulating civil code was how to transcend disadvantage of German civil code system instead of blind imitation with EU countries of subjectivity reduction and falling short.
Then he suggested that civil law is the means coping with national public affairs, and the code without presupposing policy stance itself, which instead was the best tool for mixed socioeconomic system, especially for those with very high proportions of state-owned enterprises. Finally, Professor Su indicated the code is actually the foundation of the house and the beam column of the building, and if the part of this project from design to implementation could reserve space in both the past experience basis and the future prospect evaluation for further expansion, it could definitely withstand the test of time.
On the contrary, if people just wanted to conserve in constructing foundation and the beam column, it was very hard to break through the overall pattern even people were determined to make some major adjustments after the small problem became the big one. The best case of the result of path dependence is to decline continually from an existing high spot. Unless people had the chance of demolition and reconstruction again, which was the re-codification of Civil Law of replacing with some certain new systematic concept after the old system actually disintegrated, instead of still revising on the old system concept basis and always staying in this situation.
After Professor Su’s speech, Professor Xu Guodong gave his views on the civil code. They then had a wonderful and humorous interaction so that everyone present immersed in a strongly academic atmosphere with constant applause.
After the lecture, Professor Xu gave several his new works as gifts to Professor Su. Professor Su and Professor Xu signed autographs for students taking books in line. Finally, Professor Su took photos with all teachers present.
Tranlated by: Lin Chenxi
Reviewd by: Dong (Linda) Xiaoqing
