The First Yangtze River Delta Youth Workshop on "Law and Society" Successfully Held
On 21 April 2024, the first Yangtze River Delta Youth Workshop on Law and Society was successfully held in Conference Room 206, North 4th Building, Xuhui Campus, Shanghai Jiao Tong University. The workshop was organised by China Institute for Socio-Legal Studies of SJTU. The workshop attracted the participation of many young scholars in China. After the first round of anonymous review and the second round of committee review, 12 papers were selected from 130 submissions for presentation, and some contributors other than the presenters were invited to participate in the discussion and exchange. A number of experts and scholars from Renmin University of China, Jilin University, Yangzhou University, East China University of Political Science and Law, East China Normal University, Shanghai International Studies University, Southwest University of Political Science and Law, Fudan University, Tongji University, Shanghai Jiao Tong University and East China University of Science and Technology were invited to be the reviewers for this workshop.
The opening ceremony of the workshop was hosted by Qiu Yaokun, Associate Professor of the China Institute for Socio-Legal Studies, Shanghai Jiao Tong University, who warmly welcomed the teachers and young scholars and briefly introduced the content and process of the workshop. Ji Weidong, Senior Professor of Liberal Arts and Director of the China Institute for Socio-Legal Studies at SJTU, delivered a speech. He warmly welcomed the participation of teachers and young scholars, and pointed out that the rapid development of science and technology, such as artificial intelligence, nowadays brings ethical and legal risks, and puts forward higher governance requirements for us. Many real-life problems urgently require a response from the academia, which is also the background and purpose of the establishment of the Youth Workshop. Professor Ji Weidong expressed his hope that by organising the Youth Workshop on Law and Society, we can bring together outstanding young researchers in the Yangtze River Delta region, build a broad academic platform for young researchers to discuss cutting-edge issues in the field of Law and Society, promote the in-depth integration of theory and practice, and facilitate the growth and exchange of young scholars.
The morning session of the workshop was moderated by Weng Zhuangzhuang, a PhD student at KoGuan School of Law， Shanghai Jiao Tong University.
Ye Junshu, a doctoral student at Guanghua Law School of Zhejiang University, presented a report entitled Judicial Determination of Membership Standards of Rural Collective Economic Organisations in China - Compilation and Analysis Based on 109 Decision Documents. The report puts forward five major factors for the judicial determination of membership of rural collective economic organisations in China, and provides suggestions for the construction of membership standards for rural collective economic organisations in China. In the review session, Professor Hou Mang put forward the suggestions of the need to clarify the research object and include non-quantitative research from the research perspective of sociology of law. Associate researcher Zhang Xiangyu pointed out that the research factors in the paper are rather abstract, and made suggestions on further demonstrating the necessity of unified norms.
Chen Suhao, Distinguished Associate Researcher of the School of Humanities and Social Sciences of Nanjing University of Aeronautics and Astronautics, gave a presentation entitled Movement Governance in Criminal Justice: Organizational Logic and Its Impact. He pointed out that the current campaign governance in criminal justice suffers from the paradox of organisational logic and the bias of effect assessment. He suggested limiting the initiating power of strong mobilisation governance and optimising the weak mobilisation mechanism in order to enhance the effect of governance. In the commenting session, Professor Hou Mang pointed out that organisational and procedural laws could be further combined in the study. Professor Yang Fan pointed out that there are more indirect proofs in the article, and suggested increasing first-hand information, etc.
Zheng Yunbo, a lecturer at the Law School of Zhejiang Normal University, and Su Mingwei, a doctoral student at the School of Geography and Environmental Science of Zhejiang Normal University, presented a report entitled "Spatial and Temporal Differences in the Level of China's Rule of Law Government Construction under the Perspective of Legal Geography and Identification of Influencing Factors". The report concluded that between 2015 and 2022, the level of rule of law government construction in China increased significantly, showing spatial aggregation, and was closely related to economic, social, environmental and political factors. In the commenting session, Prof Cheng Jinhua suggested improvements to the selection of data indicators appearing in the article. Professor Zhang Qing affirmed the significance of the article, pointing out that the theoretical framework and analytical methods of legal geography can be further clarified.
Zhao Qian, a doctoral candidate at the Department of Political Science of Tongji University, presented a paper entitled "Grassroots Accountability and Fault Tolerance in the Process of Environmental Protection Inspections: An Empirical Analysis Based on Reciprocity and Stance". The report suggests that the degree of grassroots accountability and fault tolerance in the process of environmental protection inspection varies, and that the differences are influenced by reciprocity and attitudes towards representation. In the review session, Professor Cheng Jinhua suggested changes to the core theoretical framework of the article, suggesting that the systemic nature of the article should be strengthened. Associate Researcher Xiangyu Zhang suggested adjustments to the structure of the article.
Chen Xiyi, a doctoral candidate at Shanghai Jiaotong University Kaiyuan Law School, presented a paper entitled "Evidence of filial duty and the realisation of the rule of law under the theory of asymmetric reciprocity". She discussed the problems of evidence, institutionalisation and regulability of filial obligations, and suggested that legal practice should be based on the theory of asymmetric reciprocity, and revolve around "relational justice", so as to provide space for the development of the concept of filial piety. In the evaluation session, Professor Yang Fan suggested that the evidence of filial piety obligation should be analysed more thoroughly and the empirical basis of the thesis should be strengthened. Mr Xu Chen suggested further limiting the research theme of the paper and made suggestions on the logic and theoretical foundation of the paper.
The first session of the afternoon workshop was led by Li Siyu, a PhD student from East China University of Science and Technology.
Zou Ziming, a doctoral candidate at the School of Criminal Law of the East China University of Political Science and Law, presented a paper entitled "Rethinking the Misdemeanourisation Model of Social Governance". He proposed that misdemeanourisation is a need for social risk control, and that misdemeanourisation may lead to a tendency towards heavy-handedness, calling for a re-examination of the misdemeanourised social governance model. In the review session, Associate Professor Wang Weichen pointed out the article's deficiencies in empirical analyses and fieldwork, and made suggestions around the social governance model discussed in the article. Associate Professor Chen Zhaoxin pointed out that the article did not well reflect whether the governance of misdemeanourisation can be called a model, and also failed to clarify the mechanism of governance model formation, and suggested to improve and revise the article from the above perspectives.
Associate professor of zhejiang university of commerce and industry law school Han ZhenWen and zhejiang university of commerce and industry law school master's degree student Shen YuQian jointly published a report entitled "marketisation dispute resolution under the perspective of lawyers mediation review and improve". The report discusses the four modes of Hangzhou lawyer mediation system, pointed out the lawyer mediation positioning ambiguity and other problems, puts forward limited system mediation scope, optimisation of mediation fee payment and protection of the party's right to choose the procedure and other perfect suggestions. In the comment session, Associate Professor Wang Weichen pointed out that the article is based on the investigation and research of the lawyer mediation system in Hangzhou, which highlights the geographical specificity. Associate Professor Xiong Hao pointed out that the article could further explore the theoretical basis behind the regulation of mediation system from the nature of lawyers' mediation in China.
Ke Yuxuan, a doctoral candidate at Renmin University of China, presented a report entitled "Is the battered "third party" at fault - an empirical study based on judgements". Through analysing judicial cases, the report discusses the logic of the judge's judgement when dealing with third-party injury cases caused by spousal infidelity. In the commenting session, Professor Yang Fan made suggestions on how to improve the research methodology and enhance the practical significance of the article, and Associate Professor Xiong Hao made suggestions on the selection of variables and analysis methods in the article.
The second session of the second half of the workshop was moderated by Zhao Zerui, a PhD student at KoGuan School of Law, Shanghai Jiao Tong University.
Li Kang, a PhD candidate at the Law School of Shanghai University of Finance and Economics, presented a paper entitled "Constitutional Politics Analysis of Civil Public Shaming in the Digital Age". Adopting a constitutional political science approach, he explored the politics of civil public shaming in the digital age and its impact on state power. In the review session, Professor Zhang Qing made suggestions on the core concepts, research methodology and theoretical framework of the article respectively. Associate Professor Bin Kai commented on the classical theories cited in the article and gave suggestions on the argumentative ideas of the paper.
Zhang Shoujun, a doctoral candidate of the Department of Political Science of Fudan University, delivered a report entitled "Legal Ternary Structure Theory: A Freudian Perspective". Starting from Freud's "Iceberg Theory", he divided the structure of law into three levels: "Self", "Ego" and "Superego". In the evaluation session, Associate Professor Binkai pointed out that the paper was innovative in its approach from the perspective of psychology, and gave suggestions on the analytical framework and citation of the paper. Lecturer Xu Chen pointed out that the paper used the theories of psychology as an analytical model, and cited his own experience to make a wonderful comment.
Wang Yang, a doctoral candidate at the Law School of Southeast University, delivered a report entitled "Criminal Evidence Laws and Regulations under the Perspective of Generative Artificial Intelligence". The report discusses the application of generative artificial intelligence in criminal evidence and the risks it brings, and proposes a dual response strategy of rule adjustment and procedural supply to meet the challenges brought by generative AI. In the evaluation session, Associate Professor Chen Jidong commented on the title and structure of the paper. Associate Professor Qiu Yaokun commented on the practical necessity of the thesis and how to highlight the special characteristics of criminal justice.
Cui Chuanzhe, a doctoral candidate at Shanghai Jiaotong University's Kaiyuan Law School, delivered a report titled Jurisprudential Foundations of the Governance of Artificial Intelligence: Informational and Self-Active Nature. The report explored the jurisprudential foundation of artificial intelligence, put forward the informational and self-acting nature of AI, and discussed the governance rules of autonomy and self-acting nature. In the review session, Associate Professor Chen Jidong commented on the basic concepts and writing ideas involved in the paper. Lecturer Xiao Mengli pointed out that the article starts from the technical perspective, analyses the relationship between data and information, and discusses and comments on the issue of how the law responds to scientific and technological progress with the presenter.
After the report and comments, a free discussion session was held, in which the reporters responded to the comments and suggestions of the reviewers and made further exchanges.
Finally, Professor Yang Fan chaired the concluding remarks session. Associate Professor Binkai pointed out that the academic views of the young scholars in the workshop were brilliant, just like "big and small pearls falling into a jade plate", and the reviewers' comments were insightful, just like "a silver bottle breaking and water pouring". Professor Cheng Jinhua said that the younger generation is fearful, the predecessors are respectable, the knowledge can be expected, looking forward to building a good academic platform. Prof Ji Weidong welcomed and thanked the reviewers and young scholars again, and on the basis of summarising the experience of this workshop, he put forward his great expectations for the future development of the workshop. The workshop came to a successful end in a warm atmosphere.