The Fourth Session of the "Legal Empirical Research Workshop" of the China Institute for Socio-Legal Studies was successfully held
On the afternoon of 19 December 2023, the fourth session of the Legal Empirical Research Workshop at the China Institute for Socio-Legal Studies was successfully held in Room 206 of the China Institute for Socio-Legal Studies at Shanghai Jiao Tong University. This lecture was hosted by the China Institute for Socio-Legal Studies of Shanghai Jiao Tong University and organized by the Centre for Empirical Legal Research. The topic of the lecture was "How (and Why) The Supreme People’s Court Supports The Development Of Foreign-Related Rule Of Law", with Professor Susan Finder, Resident Eminent Scholar of the Peking University School of Transnational Law, as the keynote speaker, and Hu Jiaxiang, Professor of the KoGuan School of Law of Shanghai Jiao Tong University, and Wu Shangxuan, Distinguished Associate Researcher of the East China University of Political Science and Law as the commentators. Lin Xifen, Professor and Vice President of the KoGuan School of Law, Shanghai Jiao Tong University, and Vice President of the China Institute for Socio-Legal Studies, acted as moderator. Thomas Coendet, Associate Professor of the KoGuan School of Law (Shanghai Oriental Scholars Distinguished Professor), Tan Jun, Assistant Researcher of the China Institute for Socio-Legal Studies of Shanghai Jiao Tong University, and Jing Shiyuan, Post-doctoral Fellow of the China Institute for Socio-Legal Studies of Shanghai Jiao Tong University, and other faculty members and students participated in the talk.
The moderator, Professor Lin Xifen, firstly welcomed all the students and teachers, introduced the guest speaker of this legal empirical research workshop, Professor Susan Finder, pointing out that she is an expert in the comparative study of China's judicial system, with many years' experience of working in China-related legal practice, and that her research focuses on the evolution of the role and operation of the Supreme People's Court, and expressed the anticipation for the fascinating lectures to be given by Professor Susan Finder.
In the lecture session, Professor Susan Finder said that she was very honored to come to Shanghai Jiao Tong University to give a lecture, and this lecture was mainly to discuss the purpose and ways of the Supreme People's Court to provide services and guarantees for the construction of rule of law related to foreign countries. Firstly, she introduced the origin of her cooperation with the Supreme People's Court and the reasons for choosing the topic. Secondly, she sorted out the development of foreign-related rule of law policies from the perspectives of China's increasing international influence since the 18th National Congress, the more active participation of political and legal organs in international affairs, and the strengthening of the Party's leadership in the process of ruling the country according to law. Then, she pointed out that the Supreme People's Court supports the construction of foreign-related rule of law in four main ways, namely, formulating judicial policies, indirectly participating in legislation, selecting and compiling guiding and typical cases, and supporting and assisting the work of other departments. Finally, she believed that the Supreme People's Court has demonstrated its full dynamism in providing services and guarantees for the construction of rule of law involving foreign countries, and is a judicial system with Chinese characteristics, which can provide more professional and efficient services for the construction of rule of law involving foreign countries. She believed that internships and postings in judicial organs are necessary ways to understand the rule of law in foreign countries, and encouraged students and teachers to seize the opportunity to actively participate in it.
In the comment section, Professor Hu Jiaxiang pointed out that the importance of the rule of law in relation to foreign affairs is an inevitable result of China's participation in international exchanges, which can be divided into two levels, namely, the rule of law in relation to foreign affairs at the national level and at the civil level. The Supreme People's Court plays a guiding role in the field of foreign-related rule of law mainly at the civil level rather than at the national level, as evidenced by its provision of guidance on foreign-related rule of law disputes at the civil level.
Distinguished Associate Researcher Wu Shangxuan also recognized the important role played by the Supreme People's Court in adjudicating cases in the field of rule of law relating to foreign affairs mainly at the civil level, especially in the field of civil and commercial affairs, which has provided safeguards for tens of thousands of Chinese enterprises in their investment practices in more than 190 countries around the world. In addition, he particularly emphasized that the way in which the Supreme People's Court serves the foreign-related rule of law through the formulation of policy documents is flexible, convenient and adapted to the national conditions of China's social governance.
During the Question & Answer session, Professor Thomas Coendet pointed out that the challenge China is facing is the need to establish a good business environment, not only through the rule of law to establish an open system to strengthen the confidence of external investors, but also through a more proactive stance to participate in international communications and exchanges to establish closer ties with external investors. Other students and teachers raised questions on how the Supreme People's Court can take advantage of its efficiency through policy making, how to analyse the Supreme People's Court's service and safeguard functions in the rule of law relating to foreign affairs from a functional perspective, and how the Supreme People's Court can reflect its professionalism in the process of policy implementation, etc. Professor Susan Finder responded to the comments of the three commentators as well as the questions of the students and teachers.
Finally, Professor Lin Xifen once again expressed the gratitude to Professor Susan Finder for her excellent presentation and the participation of students and faculty members, and the fourth Legal Empirical Research Workshop was successfully concluded in a warm atmosphere.