N. 3 – Maggio 2004 – CV
Xu Guodong
Prof.
dr. Xu Guodong, was born on May 21 1961 in Hunan Province, People’s Republic of
China.
(1) Education
LL.B., Southwest University of Political Sciences and Law, 1982; LL.M.,
Postgraduate School of China University of Political Sciences and Law, 1987,
J.D., Postgraduate School of China Academy of Social Sciences, 1991;
Participant of the perfecting course of civil procedure organized by the
Ministery of Justice of China 1983; Participant of the course of contract law
of U.S.A. 1985; Participant of the perfecting course of Italian language in the
University of Foreign Economy and Trade 1993; Participant of the perfecting
course of Roman law in I University
of Rome 1995.
(2) Position held
Lecturer of civil procedure of Law Department of Jiangxi University 1982-1984;
Vice president of Graduate Union 1988; Lecturer and associated professor of
Economic Law Department at South Central University of Political Sciences and
Law 1992-1993; Professor promoted by breaking rule of seniority at the same
university 1994; Visiting scholar of Law Department of II University
of Rome 1994-1997; Vice chairman of Union of All Chinese Scholars in Italy
1996-1997; Director of the Institute of Civil and Commercial Codes in South
Central University of Political Sciences and Law 1997-2000; Visiting scholar of
Law Department of II University
of Rome 1998; Professor of Law School at Xiamen University 2000 to date; Tutor
of the same university for candidate of J.D 2001 to date; Director of Institute
of Roman law in the same law school 2000 to date; Editor in chief of the annual Roman law and modern civil law; Editor
in chief of Foreign Civil Code Translation Series 2000 to date.
(3) Courses taught and other
services provided to students and the home institution Chair of
the courses of Contract law, of Civil law(general part), of Philosophy of civil
law, of Theory of codification, of Foreign civil and commercial law，of
Roman private law，of History of Roman law; Lecturer of various
conferences about different themes made for the students.
(4) Publications
A. Books
1.
The Construction
on the Basic principles of Civil Law: the Overcoming of Drawbacks of Written
Law, Beijing, Publishing
House of China University of Political Sciences and Law, 1992.
2.
The Debates
about the Trains of Thought for drawing up a Chinese Civil Code, Eds. Beijing, Publishing House of
China University of Political Sciences and Law, 2001.
3.
My Observations
in the Western World,
Beijing, China Legal Publishing House, 2000.
4.
Textbook of
Civil Law (coauthor)
Beijing, Publishing House of China University of Political Sciences and Law,
1994; 1997; 1999; 2001.
5.
Chineses
Jurisprudence of Civil Law: Obligation (coauthor), Beijing, Legal Publishing
House, 1991.
B. Articles
1. “Equity and the Theories about Price and
Value”, Social Sciences in China, 1993(6).
2. “The Problem of Opposition and Unity between
Objective Good Faith and Subjective Good Faith: Focus on the Roman law”, Social
Sciences in China, 2001(6).
3. “On the Concept and its
Historical Evolution of Good Faith Principle”, Cass Journal of Law, 1989(4)
4. “The Source of Civil Law Prescribed by the
General Principles of Civil Law”, Cass Journal of Law, 1991(1).
5. “The Structure-function Model of Modern Civil
Codes”, Cass Journal of Law, 1992(1).
6. “On the Epistemological Basis of Future Civil
Code of China”, Cass Journal of Law, 1992(6).
7. “Civil Society and Civil Law”, Cass Journal of
Law, 1994(4).
8. “Civil Code and the Control of Power”, Cass
Journal of Law, 1995(1).
9. “The Basic Structure of a Private Draft of
Chinese Civil Code”, Cass Journal of Law, 2000(1).
10. “An Analysis on the Dealing Model of Drawbacks
of Written Law”, Chinese Legal Science, 1991(3).
11. “Some Issue about Stock and Bond”, Chinese
Legal Science, 1992(5).
12. “On
the Problem of Perfection of Legal System of Guardianship”, Journal of North
West Institute of Political Science and Law, 1987(2).
13. “On the Limits of
the Concept of Support”, Law Science 1989(1).
14. “Justinian and
his Legislative Cause”, Law Sciences, 1990(5).
15. “The Various Values of Written Law and the
Conflicts between Them”, Law Science, 1992(1).
16. “Three Attributes of Written Law: an
Equilibrium of Right and Power”, Law Science, 1993(5).
17. “The Problem of Formation of Draft of Civil
Code”, Law Science, 1998(4).
18. “On the Principle of Prohibition of Abuse of
Right”, Journal of South Central University of Political Sciences and Law,
1992(3).
19. “On the Right of Name of Business Entity”,
Journal of South Central University of Political Science and Law, 1988(3).
20. “On the Sources of Civil Law”, Studies in Law
and Business, 1994(6).
21. “Equality and the Reform of the Constitution”,
Studies in Law and Business, 1999(3).
22. “How Should We
Consider the Essence of Law today? Studies in Law and Business, 1999(1).
23. “The
Reconsideration about Civil Law’s Object and it’s Method of Regulation”,
Jurisprudence, 1993(9).
24. “A Historical Study
about the Origin and Evolution of the View of Point of Civil Law of Commodity
Economy”, Jurisprudence, 2001(10).
25. “The Freedom of
Movement and the Difference between City and Countryside”, Peking University
Law Journal, 1992 (5).
26. “On the Uncertainty
of Basic Principles of Civil Law”, Peking University Law Journal, 1991(4).
27. “Family, State and
Methodology: the Modern scholars vs. Morgan and Engels”, Peking University Law
Journal, 2002(1).
29. “The Problem of
External Debts of Latin American Countries: between Law, Economy, Politics and
Religion”, Civil and Commercial Law Review, 1996(5).
30. “Thesis of Law
Science: between Knowledge, Ignorance and Opinion”, Civil and Commercial Law
Review, 1998(11).
31. “The Interchanges
of law Sciences between China and Latin America. The Zeitgeist of Prof. E.
Mendez’s Research”, Civil and Commercial Law Review, 1999(13).
32. “Former Soviet Russian
Bloc’s Civil and Commercial Code and relative Legislations after East Europe’s
Revulsion: Legal History, the Structure of Civil and Commercial Code, Problems
of Property Right of Land and of State-owned Enterprise”, Civil and Commercial
Law Review, 2000(14).
33. “Two Trains of
Thought about the Drawing up Chinese Civil Code: Neo-Humanism vs.
Substancesism”, Civil and Commercial Law Review, 2001(20).
34. “The External Laws
and Local Laws during Law Evolvement in Various African Countries: the Dual or
Trio Variation of Native Law, Islamic Law and Western Law”, Transplanting
and Localization of Law, Legal Publishing House, 2001.
35. “How does Law
Community of China Walk up to World”? Modern Law Science 1997(4).
36. “On the Private
Figure of Humanity in Civil Law”, Journal of Social Science of Tianjin,
1994(6).
37. “A Brief History of
Western Legislative Thoughts and Legislations”, Journal of Comparative Law,
1992(1-3).
38. “Doctor and
Professor: with regard to the Legal Education in Italy”, Nanjing University Law
Review, fall 1999.
39. “Legal Science and
Linguistics”, English Legal Readers, Legal Publishing House, 1999(2).
40. “A Study in Quiritium Law”, Anthology of II Congress
of Roman law in China, Beijing, 1999.
41. Book Review “Introduction of African Law”: a Readers’
Satisfaction and Dissatisfaction”, West Asia and Africa, 2000(4).
42. Book Review,
A Review about Principle of Good Faith
and Equity of Mr. He Xiaoyuan, Studies in Taiwan, 1990(4).
43. “The System of
Transnational laws of Roman People in Era of Titus Livius”, Journal of Xiamen
University (Arts and social Sciences), 2001(1).
44. “Socialism,
Post-socialism and Euroasiatic Solidarity: A Summary of Colloquia of Romanist
of Central Oriental European Countries and of Italy, from Its Origin to Today”,
Roman law and Modern Civil Law, Vol.2000.
45. “When did State
Come into Being”? Studies in Private Law, Vol. 1, 2001.
C. Translations
(a) Books
1.
Corbin on
Contract
(co-translator), Translated from English, Beijing, Chinese Encyclopedia
Publishing House, 1997.
2.
Commercial Law
in Great Britain
(co-translator), Translated from English, Beijing, Legal Publishing House,
1990.
3.
Select
Translation of Justinian’s Legislation: Juridical Act, Translated from Latin, Beijing,
Publishing House of China University of Political Sciences and Law, 1998.
4.
Select
Translation of Justinian’s Legislation: Torts and Crime, Translated from Latin, Beijing, Publishing
House of China University of Political Sciences and Law, 1998.
5.
Institute of
Justinian, Translated
from Latin, Beijing, Publishing House of China University of Political Sciences
and Law, 1999.
(b) Articles
and Legislation
1. “On the Right to Privacy
in American law”, The Reference Data about American studies, 1989(11).
2. “An Island of Continental Legal
System in the Ocean of Common Law System: A Presentation to the Civil Code of
State of Louisiana, The Reference Data about American studies, 1989(3).
3. “The Preface of Civil Code
of State of Louisiana of Prof. Thanassi Yiannopoulos",
Journal of Comparative Law, 1987(1).
4. Uniform Act of Partnership of United States,
CASS Journal of Foreign Law, 1989(1).
5.“The Impact of Religion and Religion
Rules to Roman Law”, Translated from Italian, Study in Law and Business,
1996(3).
6. “The Civil Code of Andres Bello taken in
Effect in Chile, Ecuador and Colombia,” Translated from Italian, Studies in Law
and Business, 1999(5).
7. “From Status to Contract and the Status
System in Roman law”, Translated from Italian, Modern Law Science, 1997(6).
8.“Roman Constitution and Modern European
Constitutionalism”, Translated from Italian, Jurisprudence, 1998(4).
9.“The Civil Codification in the Italian
States before the Unity and the Italian 1865 Civil Code, Translated from
Italian, Roman Law and Modern Civil Law, Vol.1.
10.“The Development of Contract of
Transportation from Roman Law to Nowaday’s Italian Civil Code, Translated from
Italian, Roman Law and Modern Civil Law, Vol. 1.
11.“The Aspects of Integration and
Unification in Mexico' s Private Law”, Translated from Italian, Roman law and
Modern Civil Law, Vol. 1.
12.“The
Characteristics of Basilici and Its
Position in the Byzantine Law and in the European Juridical Tradition,
Translated from Italian, Roman Law and Modern Civil Law, Vol. 1.
13.“The Codification of Private Law in
Mexico”, Translated from Italian, Civil and Commercial Law Review, 1997,Vol. 9
14.“A Brief
Description to legal system of Land: From the foundation of Roma to the End of
Republic”, Translated from Italian, Roman law and Modern Civil Law, Vol. 2.
15.“The Objective Good Faith in the
Contract Law System in Brazil”, Translated from Portuguese, Roman law and
Modern Civil Law, Vol. 2.
D.Publications in Foreign Languages
(a). Articles
1. “Freedom of
Migration and Difference between City and Countryside”, Translated in English
by myself, Rechtstheorie, Beih. Duncker, Berlin, Germany, 1998.
2.
“The Basis of Theory about the Value in Doctrin of Laesio Enormis and the Problem of Intangible Thing of Chinese Civil
Law (La base della teoria sul valore nella dottrina della laesio enormis e e il
problema delle res incoeporales del Diritto Civile Cinese)”, Translated in
Italian by myself, NEWS EN GRAF.S.A, Lima, Peru’, 1999.
3.
“The Religious Liberty in People’s Republic of China (La liberta’ Religiosa di
PRC)”, Translated by Yuri Gonzalez Roldan into Spanish, Revista de
Investigacion Juridica de la Escuela Libre de Derecho, Mexico, D.F.1998.
4. “The Basic Structure of Draft of Civil Code for
People’s Republic of China of South-Central University of Political Sciences
and Law and the Institute of Gaius (La struttura basilare del progetto di
codice civile per la RPC dell’Università del Centro-Sud di Scienze Politiche e
Giurisprudenza di Wuhan e le Istituzioni di Gaio)” In Rivista di scienze
giuridiche, Craiova, Romania, No.17, 2000.
(b) Translations
1. “The Revival of
Spirits of Roman Law in China (Il Risorgere dello Spirito del Diritto Romano in
Cina)”, Translated from Chineses into Italian, Index, vol. 24, Naples, Italy,
1996.
2. “The relationship
between the Civil Law of Taiwan and the Roman Law (I Rapporti tra il diritto
civile di Taiwan e il diritto romano)”, Translated from Chineses into Italian,
Index, vol, 24, Naples, Italy, 1996.
(5) Other professional activities
Member
of the Editorial Committee of Foreign Law library financed by Ford Foundation
1992 to 1997; Member of Board of Editors of Law Review of Xiamen University
2001 to date; Participant of the 17th IVR (International Association
for Philosophy and Social Philosophy) World Congress in Bologna, Italy 1995;
Participant of 10 th Latin American Congress of Roman Law in
Lima,Peru 1996; Participant of the 8th Colloquium of Romanist of
Central Oriental European Countries and of Italy in Vladivostok, Russia 2000；Participant
of the Internatinal Congress Flaminio Mancaleoni and the Studies in Roman law
in 19 th and 20 th Centuries in Sassari, Italy 2001.
(6) Membership and activities in
professional association
Board of
Directors of China Association of Scholars in Civil and Economic Law 1996 to
date; Board of Directors of China Society for Researching Foreign Legal History
2001 to date；Honorary Board of Directors of Society of
Procurators of Hubei Province 1996.
(7) Professional honors, awards and
fellowships
Winner
of the awards of second class for excellent thesis issued two times by the
Association of Scholars in Civil and Economic Law of China 1992 and 1993;
Winner of the award of first class and second class for excellent scientific
research issued by South Central University of Political Sciences and Law 1990
and 1991;Winner of the award of third class for excellent works of social
sciences of national young scholar for the first competition 1994; Winner of
the prize nomination for excellent works of social sciences of national young
scholar for the second competition 1997; Winner of the award for excellent
thesis for commemorating the 100 th number of Cass Journal of Law 1995; Winner of the award of first
class for excellent juridical research results of 3rd competition in
Wuhan Municipality 1996; Winner for two times of the awards for excellent
thesis issued by the Ministery of Justice of China; Winner of the award of
first class for excellent thesis issued by group of experts for judgement of
China Society of Researching for Foreign Legal History 2001; Winner of the
Scholarship for excellent foreign students issued by the Municipality of Rome
1995; Winner of the prize for outstanding young jurist nomination awarded by
China Society of Law Sciences 1995; Fellow honoris cause of the Center of Study
of Roman Law, Southwest University of Political Sciences and Law 1993;
Professor honoris causa of Wuhan University 1996; Professor honoris cause of
Heilongjiang University 2001; Honorary director of Institute of African Law at
University of Xiangtang 2000; Winner of the honor title “hundred excellent
figures from ten kinds of works“ issued by the Ministery of Justice of China
1997;Winner of honor title “excellent teacher”issued by South Central
University of Political Sciences and Law 1998; Winner of allowance for
outstanding expert of the State Council of China 1998; Winner of the allowance
for important position (second class) in Xiamen University 2000-2003.
(8) Community service
Arbitrator of the Arbitration
Committee of Guangzhou Municipality 1997 to date; Adviser on legal affairs of
Politics and Law Committee of Wuhan Municipality 1998 to 2000; Member of Expert
Committee for Consultation of Procuratorate of Kaiyuan District, Xiamen
Municipality, 2000 to date.