Professor Feng Guo, Dean of Law School of Wuhan University, and Professor Gan Peizhong, Dean of Law School of Lanzhou University jointly conducted academic lectures.

发布时间:2019-09-21 字体大小 T |T

On the afternoon of September 16th, 2019, on the occasion of the upcoming Lanzhou University's 110th anniversary and the 110th anniversary of the Law School, Professor Feng Guo, Dean of Wuhan University Law School, at the invitation of Law School of Lanzhou University, and Professor Gan Peizhong, Dean of Law School of Lanzhou University, respectively made the speech titled 'Boundary of Freedom of Contract: Centering on the Summary of the Ninth People's Congress' and the academic lecture on 'Article 16 of the Company Law, which has gone through a lot of trials and hardships'. The lecture was chaired by Professor Wu Shuangquan, Vice Dean of Law School of Lanzhou University. Professor Liu Guanghua and Professor Wang Zhenjiang of Law School of Lanzhou University held talks with the two professors. Some teachers and students of Law School participated in the lecture enthusiastically. The Lecture Hall, at Qiyun Building, where the lecture was held, was  full with many mobile seats added, and many participants stood up to listen to the lecture.

Professor Feng Guo's report brings the ancient myth of 'freedom of contract' into reality. Starting from the historical evolution of freedom of contract, it explains that the manifestation of 'freedom of contract' in the market economy is not consistent with the relevant judgment criteria, and puts forward the problem of the limitation of freedom of contract and its determination. Emphasis is laid on the analysis of the relevant contents of the Ninth National Court Conference on Civil and Commercial Trials (Draft for Opinions), as well as the identification of the 'law' of invalidity and illegality of contracts, the consequences of invalidity of contracts, the obligation to submit approval and the promotion of the entry into force of contracts. At the same time, through a number of specific cases, the report presents the contract disputes and judgments in equity transfer, asset management and other activities in front of the listener. Finally, it points out that 'freedom of contract can only be legal freedom', emphasizes the importance of legal attitude, value choice and balance of legal interests, and guides the listeners to think about the role of the judicial process in financial markets.

Professor Gan Peizhong also talked about the time he spent adhering to the view that 'Article 16 of the Company Law should be regarded as a mandatory norm that binds both companies and security holders'. What is the nature of Article 16 of the Company Law? Can its compulsory effect bind the security holder? This issue has been debated intensely for a long time in both academic and practical circles, and there are corresponding differences in judicial decisions. Professor Gan Peizhong used humorous and vivid language to share the relevant cases he met as a member of the Supreme People's Court Case Steering Committee, and his experience of discussing and arguing with other scholars when his views on legal issues were different. At the same time, we advise the teachers and students here that the study of law should be close to real life and should not be divorced from reality and empty talk about legal theory. Finally, he pointed out that the innovation of the system can not be separated from the fierce debate and hard exploration between scholars and practitioners, which is inevitable in the promotion of the process of rule of law.

Professor Liu Guanghua talked about the two professors' narratives and briefly talked about his own experience. He argued that the lectures of the two professors were unique, combined with real life characters and stories, and they guided and motivated students to think about legal issues independently, providing new perspectives and new ways of dealing with academic research. Professor Wang Zhenjiang shared the practical legal issues he had experienced during the talks, expressing that the two professors' narratives answered his own doubts, and talked about the relatively independent and integrated relationship between the various departments of law, encouraging students to use a broader perspective of the rule of law to understand the freedom of contract and other issues.

Finally, Professor Wu Shuangquan made a brief summary of the lecture. He said that the speeches of the two professors provided us with new ideas to understand and solve legal problems. The two lectures were not only an academic feast full of true knowledge, but also showed the value and pursuit of the rule of law for the listeners. He hoped that the teachers and students of the Law School of Lanzhou University would be able to have more in-depth thinking and perception on relevant law issues after the joint lecture.