"Legal and Social Sciences" successfully held in 2018
To celebrate the 120th anniversary of the founding of Peking University, the 2018 "Legal and Social Sciences" which was sponsored by the Department of Law Theory of Peking University, "social law connection” and the editorial department of "Legal and Social Sciences" was held on the morning of July 1st in Room B102 of (Leo) Koguan Building. The theme of this year's annual conference is "Chinese Jurisprudence for Social Sciences". It aims to examine the development and progress of Chinese jurisprudence in the 40 years of reform and opening up from the perspective of the intersection of social science and law, and try to put forward "elegant criticism"; On the other hand, the social science is faced with the real society. Therefore, we must also think about "Chinese jurisprudence.”
The meeting was hosted by Hou Meng, Assistant Dean of Peking University Law School. He briefly reviewed the development of the annual conference of "Legal and Social Sciences" and made suggestions for more and more cooperation between social science and law in the future. The morning session consisted of two themes. The first speech was hosted by Yang Dian from the Institute of Sociology of the Chinese Academy of Social Sciences. Teacher Zhao Xudong of the Institute of Anthropology of Renmin University of China first discussed the division between customs and law and emphasized the endogenous constraints of customs in daily life. In the speech, Bai Jianjun, a teacher at Peking University Law School, discussed how empirical research should face real problems and further reflected on the current lack of legal education and room for improvement. The second speech was hosted by Teacher Zhang Zhimei from the Institute of Sociology of the Chinese Academy of Social Sciences. Professor Yu Xingzhong from Cornell University of the United States gave a speech entitled "Legal Research: From Analysis to Analysis". He believed that the current legal research is in the "paradigm shift" stage in Kuhn's sense, from the perspective of methodology and epistemology. Zhu Suli, a teacher at Peking University Law School, started from the copyright dispute of the ballet "Red Women Army". He analyzed the difference between ballet and other intellectual property works, and discussed the rationality of ballet drama in the collective way of property rights allocation.
After two keynote speeches, the meeting entered the seminar stage. The conference consisted of six thematic seminars. The participating scholars had a heated discussion on the research methods of social science law, problem awareness, and relationships with other disciplines.
The first seminar was hosted by Li Qiang, a professor at the Chinese Academy of Social Sciences, with the theme “Empirical Research on Law”. This seminar focused on methodological issues in law and social sciences. Teacher Cheng Jinhua of Shanghai Jiaotong University first discussed the technical problems of empirical research, and suggested to build a community of disciplines and follow the procedures of empirical research. Teacher Chen Baifeng of Zhongnan University of Economics and Law briefly reviewed the changes in legal empirical research during the 40 years of reform and opening up. Today, the empirical research in law school has formed a qualitative and quantitative trend; the teacher of Tang Yingmao of Peking University Law School, analyzed the questions of why the referee paper rate is low based on the data of the referee paper.
The second seminar was hosted by Mr. Li Yongjun from Jilin University with the theme of “Social Science and Legal Doctrine”. This seminar may prove Yu Xingzhong's judgment that the current legal analysis is gradually approaching the law. The scholars at the seminar questioned and dissected the current legal texts and legal doctrines. Mr. Sang Benqian from Ocean University of China started from the "Yuhuan case" and reported on "How does the legal doctrine arise?” to distinguish the intentional homicide and intentional injury. He Jian, a law school of Peking University, analyzed the meaningless clauses in the existing civil law from the perspective of text analysis, and produced zombie law from the aspects of technology, history, politics and value. Dai Xin of Ocean University of China tried to analyze the "proportional principle" in the legal doctrine with a deconstructive attitude, and argued that the "proportional principle" does not have a realistic "fitness", which can be completely replaced by cost-benefit analysis.
The theme of the third seminar unit is “Social Science and Governance Issues”. And the third seminar was hosted by Mr. Wang Qiliang from Yunnan University. It focused on specific law enforcement issues. From the perspective of legal sociology, Ms. Huang Jialiang from the School of Social Sciences of Renmin University of China conducted a study on the case of Dingcheng Village in Ding County to explore the current imbalance of land tenure. Li Na, a teacher at Yunnan University, tried to put forward a research approach to the law-abiding problem, emphasizing that law-abiding is dynamic and can be combined with legislation. The judiciary has become an independent research department; Dr. Lin Ye of Peking University analyzed how the grassroots group play the role of moral negotiation during the demolition process. She tried to focus on the problem of “home” hidden in traditional power relations.
The fourth seminar was hosted by Wu Hongqi from the Chinese University of Political Science and Law, with the theme of “Social Science and Private Law”. This seminar unit focused on the intersection of social science and departmental law and how social science enter internal research in departmental law. Teacher Zhang Yongjian from the "Academia Sinica" in Taiwan first shared his preliminary results of the five-year study on the position of the draft of the Chinese Civil Code in the world. He believed that the traditional comparative law research is difficult to reach a consensus on how to determine the division criteria and the unified division criteria. Therefore, the search for quantitative legal research can achieve breakthroughs in this field, and this study can be repeated by future generations; Li Site, from the South China Normal University started from the copyright dispute of the Red Ball Army of the Central Ballet, and discussed the changes in the rights allocation in China's literary laws and policies, and emphasized the difficulties it may face in the present; Liu Xiao, a teacher at Shanghai University, used the intellectual property damage compensation system as an example to analyze the method of introducing normative law into economics, and pointed out that the law of demand and marginal analysis can be the method of legal research. Teacher He Qihao of China University of Political Science and Law discussed how to use the cooperation mechanism of public and private rights of insurance to make insurance.
The fifth seminar was hosted by Teacher Tian Lei of East China Normal University with the theme of “Dispute Resolution in the Age of Artificial Intelligence”. If the previous seminars are sorting out the existing arguments and dealing with the current predicament, then this field is for the future. Mr. Cheng Fan of Huazhong University of Science and Technology, with the title of “Law and Social Science of Marvel World”, imagined that in the future society, when the science and technology of the human body are extremely developed, such as human beings can obtain eternal life, there is no opportunity cost for people. After that, it will bring problems to law and economics; Fangle teacher of Nanjing Normal University will focus on the non-institutional factors in the court judgment, and through research, find that the case, the parties and the judge’s own interests will become In addition to the existing functions, the Chinese courts also need to make non-institutional decisions, such as doing mass work, etc.; Yang Fan, a teacher at Jilin University, conducted a study on the publicly judged judgments and analyzed the court judgments in China. The role of the internal party's internal regulations is that there is a situation in which the laws and regulations of the party are mixed with the national laws and regulations, and it is more obvious in administrative litigation.
The theme of the sixth seminar unit is “Social Science and Public Law”.It was hosted by Mr. You Chenjun from Renmin University of China. The focus of this workshop is to look at the interaction of individuals and national public spaces from a social science perspective and to try to provide institutional advices for national governance. It can be said that the last seminar also returned to the theme of this conference: "Chinese Jurisprudence for Social Sciences." Mr. He Xin from the University of Hong Kong discussed the widespread tax evasion phenomenon in the domestic footwear industry with the theme of “An Analysis Framework for Tax Evasion in China's Footwear Industry”, and established two dimensions of structural opportunity and expected cost by visiting materials. Strategic compliance, active tax evasion, quasi-voluntary compliance, forced observance of four types of studies to explain why tax evasion is chosen; Zhu Zheng, from Hubei University for Nationalities, pointed out that the village committee is now in the "administrative" stage, which is similar to the civil service system. And it may be the most effective grassroot management method at present. Sun Yat-Sen, a teacher at Zhongshan University, pointed out that the current petition has become a channel for people's dispute resolution, but the petition also faces the transformation between institutional function and the popular system.
In the end, Teacher You Chen made a summary of the annual meeting and pointed out that the annual meeting of the "Legal and Social Science" is more and more extensive. With more scholars from other fields, the theme is broader. At the same time, more and more "classmates" who have been participants have also entered the main part of the annual meeting as the keynote speakers and commentators.
During the annual meeting, on the evening of July 1st, the "Conversation of Legal Sociology and Law and Economics" was held. It was hosted by Mr. He Xin from the University of Hong Kong and Zhang Yongjian from the "Academia Sinica" in Taiwan. On the morning of July 2, the 2018 session of the "Legal and Social Sciences" was successfully concluded.
Translated by: Yang Jin
Edited by: Ding Jieyao