On May 8, 2022, co-sponsored by the National Social Science Fund's major project research group and the Institute of Comparative Law and Sociology of Law, Peking University Law School, symposium on "Comprehensive and Systematic Study on Constructing a Case System with Chinese Characteristics" was held online. Twenty-three experts from the Supreme People's Court of the People’s Republic of China, Case Law Studies Institute of China Law Society, Chinese Academy of Social Sciences, Peking University, Peking University School of Transnational Law, China University of Political Science and Law, Zhejiang University, Nankai University, Wuhan University, Tongji University, Tianjin University, Shanghai Normal University and other domestic well-known universities and institutions attended the meeting, more than 60 observers from domestic judicial practice departments and academic units participated in the seminar online.

The conference consists of three units. The first unit was chaired by Prof. Xue Jun, Deputy Dean of Peking University Law School. Prof. Pan Jianfeng, Dean of Peking University School of Law, and Hu Yunteng, former Deputy Ministerial Full-time Member of the Judicial Committee of the Supreme People's Court of the People’s Republic of China, Second-level Justice, and President of the Case Law Studies Institute of China Law Society, delivered speeches. Zhang Qi, professor of Peking University and chief expert of the National Social Science Major Project " Comprehensive and Systematic Study on Constructing a Case System with Chinese Characteristics", introduced the overall situation of the project's development, completion and achievements.

Dean Pan Jianfeng, on behalf of Peking University Law School, thanked all the experts for attending the meeting. President Hu Yunteng pointed out in his speech that the challenges and opportunities of the case study coexist, and pointed out the direction for us to continue to explore. Prof. Zhang Qi reviewed the development, completion and achievements of the project. From the perspective of promoting the construction of the rule of law in cases, since the project was officially launched in December 2016, it has received support from many experts and scholars in the field of legal theory and practice. From the perspective of promoting the construction of the case system with Chinese characteristics, the research group has carried out a theoretical analysis from the nature, function, classification, structure, and judgment rules of the cases, which has promoted the academic circles to attach importance to case studies and formed the ethos of case studies.

The second unit of the seminar was chaired by Prof. Shen Kui, eight experts and scholars participated in the seminar. Gu Peidong, professor of Sichuan University Law School and Tencent Chair Professor of Zhongnan University of Economics and Law, took a speech named of "Functional Orientation of Cases with Different Attributes in China’s Statutory Law System". Zhang Hengshan, a Professor of Tianjin University, pointed out in the evaluation session that clarifying the functional positioning of different types of cases is of great significance for the use of cases to enrich the judicial norm system structure, ensure the application of laws, and reflect the characteristics of my country's rule of law. Dr. Zhao Yingnan from China University of Political Science and Law gave a speech about "Judgment Theory Based on Legal Positivism: Formation, Presupposition and Limitation". Shu Guoying, the Qian Duansheng Chair Professor of China University of Political Science and Law, pointed out in the comments that the question of how to view the law is presupposes behind the judicial decision. Liu Zhewei, a tenured associate professor of Peking University Law School, launched a doctrinal analysis based on Civil Procedure Law around Guiding Case No. 33 with the speech named of "Review of the Legality of Actions for Confirming the Invalid Collusion of Others' Contracts". Ge Hongyi, a distinguished professor of Zhejiang University Law School, affirmed the important position of the dogmatic method in the research case. Mao Shaowei, an assistant professor at Peking University School of Transnational Law, discussed the different modes of dealing with "malicious collusion" in judicial practice. Xu Defeng, a professor at Peking University Law School, pointed out that this study revealed the differences and correlations between malicious collusion, bona fide acquisition, and creditor's right of revocation.

The third unit of the seminar was chaired by Liu Zuoxiang, a distinguished professor and Guangqi scholar of Shanghai Normal University Law School, eight experts and scholars also participated in the discussion. Dai Di, an assistant researcher at the Institute of Law of the Chinese Academy of Social Sciences, discussed the impact of Guiding Case No. 5 on court judgments and the behavior of administrative agencies. Guo Xiujiang, Deputy Chief Judge of the Administrative Tribunal of the Supreme People's Court of the People’s Republic of China, pointed out during the review that from the perspective of administrative law, Guiding Case No. 5 involves the selection and application of legal rules and the standards for selection and application. Zou Bingjian, associate professor of Nankai University focused on "Zhao Chunhua's illegal possession of firearms case" and 22 similar cases, analyzed the illegal possession of firearms from interpretive and legislative perspectives. Chen Xingliang, Peking University Boya Chair Professor, affirmed this exploration in the comments, and summed it up from three aspects. Dr. Cai Ying, a lecturer at the Law School of Wuhan University, discussed the doctrinal dilemma faced in judicial practice when the illegal exchange of QR codes is defined as the crime of theft or fraud. Che Hao, Deputy Dean of Peking University Law School, pointed out in the comment section that the development of science and technology has brought important changes to the manifestation of property, and the types of human behaviors using property have also changed. A.P. Sun Haibo, an associate professor at the Institute of Comparative Law of China University of Political Science and Law pointing out that referring to guiding cases in judicial practice is faced with unclear criteria for judging similar cases. Shi Lei, director of the Judicial Interpretation Coordination and Case Guidance Division of the Research Office of the Supreme People's Court of the People’s Republic of China, affirmed Prof. Sun Haibo's point of view during the review, and pointed out that the paths and methods to solve the guiding case reference problem need more refined research. Case group mode and thematic mode are a direction worth exploring.

The meeting was concluded by Prof. Jiang Huiling, Dean of Tongji University Law School. Pro. Jiang pointed out that today's case-based legal research model improves the certainty and accuracy of research work, promotes the transformation of China's legal thinking mode, and more accurately corrects the defects and loopholes in the legal system. At the same time, it makes case studies more refined and normalized, enriches the existing legal rules, and brings new requirements for the reasoning of judgment documents. The seminar was successfully concluded in the heated discussion of the participating experts.

Contributed by the research group of the major project of the National Social Science Fund " Comprehensive and Systematic Study on Constructing a Case System with Chinese Characteristics"

Translated by: Tu Wanting

Edited by: Meng Zihan