N° 2 - Marzo 2003 - 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 lawof Roman private lawof 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 2000Participant 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 dateHonorary 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.