November 22-24, 2019, The PKU Global Legal and Business Executive Program (hereinafter referred to as "Beijing GLBE") "Future Leadership" class, the second module "Economic Theory and Business Practice" course welcomed a wonderful ending. Judge Posner once said: "The pursuit of fairness and justice cannot be ignored." This sentence cleverly bridges economic analysis and legal issues. The course design of this module perfectly echoes the linkage and integration between domestic development and the international system under the current globalization background. The six teachers are versed in character, from the thinking in the field of economics, to the insights of the legal field. Insight into the relationship between the "trend" of the world and the "event" of the country from point to point.

From 1949 to 2019 in China, seventy years have passed, and the economic law system has suffered both ups and downs. Prof. Zhang Shouwen of PKULS opened the book with a clear meaning, based on a historical and systematic analysis framework, and "Economic System and Economic Management System, explores the ups and downs, declines and survivals of the economic law system during the 70 years of revolution, construction, reform, and reveals the causes, paths, trends, and directions of the changes in the economic law system. If the rule of the world does not advance, then retreat. Looking back on the past is a powerful guarantee to respond to risk challenges and win the initiative. Mr. Zhang pointed out that the past 70 years at home and abroad have shown that a good economic system and legal system will drive a country's economic take-off and social progress, thereby effectively achieving the goal of "rich country and rich people". Governing affairs with small wisdom, legislating with wisdom, studying the ups and downs of the economic law system, reflecting on historical experience and lessons, deepening the theory of economic law and improving the system, clarifying the future development direction of economic law in China, and advancing the construction of the rule of law in economic law. Important value. 

 

 

Is "monopoly" good or bad? How to judge whether a company is trying to monopolize? How to distinguish what is legitimate cooperation and what is collusion? Unclear provisions can easily turn litigation into word games. Prof. Xue Zhaofeng, an economist, guided the students to re-examine the "Antitrust Law" from the perspective of economics through Socratic questioning, took legal phenomena as the research object, studied the laws from the perspective of economic law, and combed business models and competition The relationship of policy. The anti-monopoly law presupposes that monopolies threaten market order. One of the manifestations of monopolies is that companies with larger scales have market control rights, which will limit output, raise prices, and inhibit innovation. However, Prof. Xue holds a different point of view. In contrast to the Sherman Act, the originator of the US antitrust law, he defended enterprises, showing that the expansion of enterprises is an inevitable requirement stemming from their innovation and development. Prof. Xue detailed the famous cases such as Alcoa, 3Q war, qwerty keyboard layout, etc., and talked about various traps set by the antitrust law. It also explained in detail the several major crimes of antitrust law-predatory pricing, agreed retail prices, and bundled sales. 

 

 

With the escalation of China-U.S. Trade frictions, a correct understanding of the trend and choice of China-U.S. Trade development situation, combing its historical trajectory and evolutionary logic, has become an indispensable part of analyzing the China-U.S. Trade war today. In the face of the Chinese economy and China-US trade, Prof. Yu Miaojie, Secretary of the Party Committee and Deputy Dean of the Peking University National Development Institute, did not ask for help, but sought knowledge and knowledge. He has reviewed a series of China's trade policies since Trump took office. The foresight and sensitivity of academic research point out the key facts and the overall trade situation that have been ignored by public opinion. Trump has repeatedly tried to define China as an exchange rate manipulator. Therefore, it is important to understand the impact of exchange rate changes on China's foreign investment, understand the definition of consumer goods, capital goods, and intermediate goods in the product list and why they are targeted, and its importance. it goes without saying. After quantifying the impact of the China-US trade war on the economies of China and the United States and other countries in the world, Prof. Yu made specific six-point policy recommendations and boldly predicted the future trend of the China-US trade war. He said that it is the construction of a new pattern of comprehensive opening up that enables the Chinese economy to "fear the clouds and look at the eyes" in the current complex international economic and trade pattern, and to "remain calm in the chaos of clouds," and respond rationally to the trade war. Actively promote trade globalization, expand opening up, and combat trade protectionism. The economic and trade exchanges between nations should be strategically focused, not blinded by the selfishness in front of them. 

 

 

Attorney Tao Jingzhou, a Partner of Dejie Law Firm in the United States, repeatedly assisted foreign-funded enterprises to enter the Chinese market and truly integrated the future of the individual with the country, nation, and society. In the context of the discourse of the rule of law, well-known foreign companies such as "McDonald's" are no longer just global fast-food brands, they are also a symbol, a signal of the stability of the Chinese investment market, which highlights the rise in national consumption levels, domestic The market is gradually opening to the outside world. The entry of such international brands into the Chinese market is a historic and iconic event. Mr. Tao's successful case reveals the significance of lawyers' clever use of leverage in business negotiations. He pointed out that if the fulcrum can be reasonably determined, the right breakthroughs can be made step by step, which will be enough to leverage the entire negotiation process. Compared with the speed of economic development and technological development in China, lawyers should pay attention to business development, seize business opportunities, find their own positioning, and tap business opportunities in their own suitable fields to create more value, which depends on interpersonal The establishment of a relationship network and the accumulation of accumulated knowledge; lawyers should pay attention to the development of the times, understand the production costs of enterprises and the various components of production costs, and clarify the different profit margin calculation methods of competitors and service targets; lawyers should have a clear career plan, Understand and reasonably predict future policy trends and changes in the rule of law environment. 

 

 

If reforms are not possible, then revival will be impossible. Prof. Deng Feng of the PKULS used the title of "Roosevelt's New Deal" to outline the background and policy effect of the Roosevelt's New Deal. The similarities and differences between current macroeconomic policies—adjustment and reform are adjustments to production relations under the premise of maintaining their respective social systems, and both belong to the self-improvement and development of the system; exploring the implications of Roosevelt’s new policy for China’s macroeconomic policies—promoting modern nation The establishment of institutions and a mixed economy operating system will adapt production relations and promote the development of productive forces. The attitude of the American people reflects the achievements of the "New Deal". Roosevelt became the most popular president in the first year of his tenure and won overwhelming victories in multiple elections. Roosevelt's unprecedented achievements in internal affairs and diplomacy can be traced. His behavioral pattern more reflects the tendency of pragmatism. It is this pragmatic attitude that is not tied to dogmatic theory, and it is the persistent pursuit of American actual interests. , Has made a great man of an era. The Roosevelt New Deal not only established the state of existence of today's economics, but also directly related to many legal systems today. Teacher Deng Feng emphasized that history should be taken seriously, and opinions should be based on solid facts in order to adhere to the way of learning. 

 

 

Attorney Li Hongji, a Partner of Beijing Commerce&Fiance Law Office, started by understanding the market demand, measuring his own cost-effectiveness, and presenting the current status of the legal service market in a case-reproduced manner, giving students room to think deeply about their skills. Regardless of whether it is a legal service market or a commodity market, the services required by buyers must be scarce and irreplaceable, so that they can have an advantage in the process of price negotiation. Therefore, it is important to study market goals and determine the marketing method Metaphorically. In Mr. Li’s tactics, the students went from the macro to the micro to construct and deconstruct every aspect of the case, and studied the organization, operating mechanism, management mode, corporate culture, and decision-making process of clients, partners and opponents Make a detailed understanding of key personnel's interests and interests; grasp the overall structure of knowledge, basic experience, value orientation, behavior patterns; understand the industry in which the company is located, the status of the company in the industry, and the attributes and characteristics of the target Have a general understanding ... Fully collect necessary information to achieve information symmetry. 

 

 

The six teachers cooperated harmoniously, their perspectives complemented each other, and perfectly connected the modules of "economic theory and business practice". From the perspective of jurisprudence, the use of economic rationality, the two forces are compatible and inclusive, and develop their ambitions in their respective fields. The root cause is that this seemingly contradictory combination of law and economy is an ingenious and ingenious combination. Considering the past and the present, the leaders in the new century must not only grasp the issue of justice, which is increasingly specialized in law, but also understand the use of economic analysis to make justice more efficient. 

 

 

Translated by Rosie

Edited by Rosie