N° 1 - Maggio 2002
- 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.