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Prof. Dr. Lihong ZHANG (张礼洪)

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Prof. Dr. Lihong ZHANG (张礼洪)
Prof. Dr. Lihong ZHANG
(张礼洪)
Profession
Full Professor of Civil Law, Roman Law and Comparative Law
(East University of Political Science and Law, Shanghai )
Director of Research Center of Roman Law and European Law
Vice-Director of Civil Law Research Center
(East University of Political Science and Law, Shanghai)
Position in Chinese academy
Vice General Secretary of China’s National Society of Civil Law
Director of China’s National Society of Comparative Law
Standing Director of China’s National Society of European Law
Membership of International Academy
Member of International Comparative Law
Member of International Editorial Board of European Society for Comparative
Legal History (ESCLH)
Member of Academy of European Private Lawyers
(Academie des Privatistes Europeens, Pavia, Italy)
Member of Italian Association for Research of Comparative Law)
( SIRD, Società Italiana per la Ricerca nel Diritto Comparato)
Arbitrator
(Shanghai Arbitration Commission, Guangzhou Arbitration Commission)
Attorney at law
(Zhonglun W&D Law Firm, Shanghai Office)
Languages
Chinese (mother tongue), English (Proficient), Italian (Proficient), French
(proficient) ,German( proficient), Spainish (good)
with capacity of reading Latin and Portuguese
Education
from September1988
to July 1992
China University of Political Science and Law (Beijing, China)
Bachelor of Law
from September1988
to July 1992
Remin University (Beijing)
Short University Diploma Degree of Accounting
from September 1992
to July 1995
China University of Political Science and Law (Beijing, China)中国政法大学
Master of Law
Master Tutors: Prof. Jiang Ping (江平),Prof. Yang Zhenshang(杨振山)
Thesis: “The Contractual Liability in Roman Law and Its Development in Chinese
Law” (published in “Civil and Commercial Law Review”(民商法论丛) ,edited by
Liang Huixing ( 梁慧星), vol.5,1996, Beijing )
from January 1996
to May 1996
“La Sapienza” University of Rome (Italy)
High Training Course of Roman Law
from November 1997
to July 2003
“La Sapienza” University of Rome (Italy)
Ph. D. in Roman Law (first Asian holder of Ph.d. Degree in Roman Law)
Ph.D. Tutors: Prof. Mario Talamanca and Prof. Sandro Schipani
Thesis: “The Innominated Contracts in Roman Law: Thoughts of Labeo and
Ariston ” (published by Giuffre’ Press, 2007, Italy, the first monograph in European
language written by an Asian)
Professional Qualification
October 1993
Bar Exam of China (passed)
from June 2004
Arbitrator of Shanghai Arbitration Commission
till now
Awards
June 1995
The First Grade Award conferred by Commission of the First National Match of the
Publications on Intellectual Property Law, organized by China Intellectual Property
Association , China National Copyright Bureau e China National Patent Bureau
1996-1997
Scholarship granted by Italian Foreign Affair Ministry
Feburary 2005
The Prize for the Best Young Teachers of University in Shanghai granted by
Shanghai University Education Bureau (上海市高教局)
October 2005
The Pujiang Prize for the Shanghai’s Excellent Researchers with Foreign Studying
or Working Experience ( 浦 江 优 秀 归 国 人 员 奖 ) granted by Shanghai Human
Resource Bureau (上海市人事局)
from November 2005
to September 2006
Jan 2008
April 2009
Scholarship for Post-Doctorate Research granted by Maison des Sciences
dell’Homme de Paris
Taofeng ( 韬 奋 ) Scholarship for the Teachers at East China University of
Political Science and Law
Prize for Best Young Teacher in Shanghai, granted by Shanghai Human Resource
Bureau (上海市人事局)
October 2010
International Prize “Rosario Rubettino” granted by Italian “Rubettino”
Foundation
Work Experience
from July 1990
to September 1990
Legal Assistant
“ChangPing” Law Firm (Beijing)
from June 1991
to October 1991
Legal Assistant
“Qinghuangdao” Law Firm (Qinghuangdao, HeBei Province)
from November 1995
to March 2003
Visiting scholar
Tor Vergata University of Rome (Italy)
from November 1993
to November 1995
Attorney at Law (Part Time)
“ZhongHeng” Law Firm (Beijing)
from November 1997
till now
Editor
Italian Journal Assorcorce News published by International Trade & Development
Association of Italy (Rome)
from May 1998
Foreign Of-Counsel
Pavia & Ansaldo Law Firm (Rome)
to sept 2002
from November 2001
till now
Associate Editor
Italian Journal "MACRO" - Economics, Market & Policy-marking of International
Relations (Naples)
from September 2002
to September 2003
Visiting scholar
Humboldt University of Berlin (Germany)
from November 2005
to September 2006
Post-Doctorate
I Universite’ de Paris Panthéon Sorbonne and Maison des Sciences dell’Homme de
Paris ( France)
April 2006
Visiting Scholar
Maison des Sciences dell’Homme de Nantes (France)
from December 2003
to October 2007
Associate Professor of Civil Law and Roman Law
East China University of Political Science and Law (Shanghai)
from December 2003
till now
Director of Roman Law and European Law Research Center
Vice-Director of Civil Law Research Center
East China University of Political Science and Law (Shanghai)
from April 2006
April 2008
Vice Editor-in-Chief of Legal Science Monthly (Faxue)
from October 2007
till now
Full professor of Civil Law and Roman Law
East China University of Political Science and Law (Shanghai)
Feb-March 2010
Fellow at Asian Law Institute of National University of Singapore
Academic Activities
from 1995 till now
Publications of 17 books ( 10 books with other authors) and 73 articles in Chinese
and international academic journals (see list of publication)
from Sept.2010 till now Responsible for National Social Science Research Project (国家社科基金)
“Decodification of Civil Law and Codification of Chinese Civil Law”
International activities:
April 15, 1996
Presentation “Roman Law, Chinese Law and Codification of Law: History and
prospective” organized by Department of History and Theory of Law of “Tor
Vergata” University of Rome (Prof. Sandro Schipani, Italy)
July 6, 2000
Presentation “Actio civilis in factum" organized by University of Roma "La
Sapienza" (Prof. Antonio Mantello, Italy)
June 19, 2001
Presentation “How to Wind up a Joint Venture in China” at the seminar “Procedure
of the Bankruptcy of Joint-Venture in China” organized by Italo-Chinese Chamber
of Commerce in Milan
February 18, 2003
Presentation “Evolution of the Chinese Legal System” organized by Institute of
Comparative Law of University of Rome “La Sapienza” (Prof. Diego Corapi, Italy)
February 23, 2003
Presentation“ Chinese Civil Law and Its Codification” organized by Private Law
Department of “ Federico II” University of Naples (Prof. Paolo Pollice, Italy)
March 11, 2003
Presentation “Civil Law and Economy: Experience in China” organized by Institute
of Civil Law of University of Rome “La Sapienza” (Prof. Natalino Irti, Italy)
June 4, 2003
Presentation “Codification of the Chinese Civil Law” organized by Comparative
Law Research Center of Muenster University (Prof. Reiner Schulze, Germany)
March 23, 2004
Presentation “Codification of Civil Law” organized by Piemonte Orientale
University (Prof. Michele Graziadei, Italy)
August 2004
Teacher and organizer of Course on the Chinese Law organized by Tor Vergata
University, China University of Political Science and Law and East China
University of Political Science and Law (Shanghai, China)
April 2-3, 2005
Organizer of the International Symposium “Codification and Decodification of
Civil Law” (Shanghai, China)
September 2-10, 2005
Discussant at V International Seminar Soverato “Roman Law and Ancient Society”
(Prof. A. Corbino, Italy)
October 7, 2005
Presentation “Justice in Roman Contract Law” at the International Conference
“ Law, Peace and Justice in Roman Empire and Middle Ages” (Seul, Korea, Prof.
Byong Jo Choe)
December 2005
Teacher of Course on the Chinese Law organized by Verona University (Prof.
Alessio Zaccaria, Italy)
December 21, 2005
Speaker at the Seminar “Legislative Reform in China and the Latest Development of
Chinese Civil Law” organized by Verona University (Prof. Alessio Zaccaria, Italy)
June 20, 2006
Presentation “Tort Law in China” at the International Conference “Experience of
Trust in Catalugne in Spain and in the Continental Countries” organized by
Barcelona University (Prof. Esther Arroyo i Amayuelas, Spain)
June 25-30, 2006
Presentation “Roman Contract Law and its Influence on Unification of European
Private Law” at International Conference “Roman Public Law and Private Law.
Development of European Law” organized by Moscow University and Russian
Accademy of Social Science (Prof. L. Kofanov, Russia)
April 7-8, 2007
Organizer of the International Symposium “Real rights: Historical Experience,
Modern Development and Comparative Prospective ” (Shanghai, China), jointly by
Roman Law and European Law Research Center (ECUPL) and University Rome Tre
(Italy)
June 23-30, 2007
discussant at VI International Symposium of Roman Law “Roman Law and Ancient
Society” (Prof. A. Corbino, Amantea, Italy)
November 23-25, 2007
Presentation “The Civil Liability of Snow Sport under Chinese Law” at the
International Conference “ Legal Forum: From the Laws of Snow To Law of Snow”
organized by International Forum of Snow Law (avv. Avella, Italy)
November, 2007
Teacher of Course on the Chinese Law organized by Pavia University (Prof. Crespi
Reghizzi, Italy)
December 7, 2007
Presentation “Codification du droit civil en Chine” organised by Liege University
(Prof. J. F. Gerkens, Belgium)
December 12, 2007
Speaker at seminar “Studies on Antimonopoly Law of PRC” organised by Advanced
Research Center on Contemporary China at Turin University(Prof. Gianmaria Ajani,
Italy)
September 2008 till now Teacher and organizer of Course of Italian language and Latin Language at East
China University of Political Science and Law (together with Prof. Stefano
Benedetti from University of Rome “La Sapienza” and Prof. Thomas Voskuhl from
Hamburg University )
November 18, 2008
Presentation “Latest Development of Codification of Civil Law in China” at
International Conference “Bicentennial Colloqium on Codification of Lousianna
Civil Code” organised by Society of Legal Science of UN and Law School of
Tulane University ( New Orleans,USA, Prof. Vernon Palmer)
April-May, 2009
Teacher of Course on the Chinese Law organized by Pavia University (Prof. Crespi
Reghizzi, Italy)
May 7, 2009
Speaker of Bonacossa Lecture “ The New Legislation on Property Law and the
Related Debate on Political System in China” organized by Pavia University (Prof.
Silvio Beretta)
Oct 8, 2009
Presentation “Process of Unification of European Contract Law” at Jean Monnet
Seminar “The Unification of European Contract Law” organized by Law faculty of
University of Macau (Prof. Paulo Canelas de Castro)
Jan 25, 2010
Presentation “Chinese Tort Law and Its Exisiting Problems” organized by
Hitotsubashi University (Prof. Chihiro Nunoi, Tokyo, Japan)
Feb 1st, 2010
March 19, 2010
October, 2010
Oct 4, 2010
Presentation “Studies of Roman Law in China” organized by Osaka University (Prof.
Tomoyashi Hayashi, Osaka, Japan)
Presentation “Legal Protection of Privacy in China: Legal Protection of Privacy in
China: How the Chinese Law in Action Actually Works?” organized by Asian Law
Institute of National University of Singapore (Prof. Victor Ramraj, Singapore)
Teacher of Course on the Chinese Law organized by Pisa University and Pisa Bar
Council (Prof. Aldo Petrucci, Italy)
Presentation “How to Translate Law” organized by University of Bologna (Prof.
Marina Timoteo, Italy)
14-16, Oct, 2010
Organizer of the International Symposium “Legal Protection of Personality Rights:
Historical Foundation, Contemporary Development and Challenges” (SuzhouShanghai, China), organized jointly by Roman Law and European Law Research
Center and Civil Law Research Center (ECUPL), China’s National People’s
Congress Standing Committee and Remin University (Beijing)
March 22, 2011
Presentation “Roman Law and Modernization of Chinese Private Law” organized by
Law faculty of University of Macau (Prof. Salvatore Mancuso, Macau)
May 19, 2011
Presentation “Comparative Perspectives on Codification of Civil Law in
China and Europe” and organized by Law faculty of “La Sapienza” University of
Rome (Prof. Guido Alpa, Italy)
July 05, 2011
Presentation “Codification of Civil Law in China--Some Reflections on codification
of European Private Law” and organized by International University College of
Turin (Prof. Ugo Mattei, Italy)
June 21- 25, 2011
Presentation “Actio In Factum Civilis Between Certainty and Uncertainty” at VII
International Symposium of Roman Law “Roman Law and Ancient Society” (Prof.
A. Corbino, Severato, Italy)
July 21, 2011
Presentation “Sense of Justice in Chinese Civil Law” at the international conference
“Sense of Justice in China and Europe” organized by Conseil d’Etat de France and
China’s National Society Comparative Law (Judge Antoine Garapon, Paris, France)
Nov. 8, 2011
Presentation “Latest Development of Comparative Law in China” at the international
conference “New Frontier of Comparative Law” organized by Macau University
(Prof. Salvatore Mancuso, Macau)
Feb 16, 2012
Presentation “The Role of Comparative Law and Its Presenters in Developing
Chinese Law Today” organized by University of Carlifonia, Berkeley (Prof. Richard
Buxbaum, USA)
Feb 17, 2012
Presentation “Roman Law in China” organized by University of Carlifonia, Berkeley
(Prof. Laurent Mayali, USA)
March 1, 2012
Presentation “Development of Comparative Law in China” organized by Tulane
University (Prof. Vernon Palmer, USA)
March 6, 2012
Presentation “Sense of Justice in Chinese Civil Decision. A Case Study of Chinese
& March 12, 2012
Civil and Commercial Law” organized by Harvard University (Prof. William Alford,
USA) and Georgetown University (Prof. Franz Werro and Prof. James Feinerman,
USA )
April 6, 2012
Presentation “Roman Law and Modernization of Chinese Law” organized by Seoul
University (Prof. Byong Jo, Choe, Korea)
April 26, 2012
Presentation “Role of Comparative Law in the Modernization of Chinese Civil and
Commercial Law” at the international conference “The Impact of Foreign and
International Law on National Legal Systems: Comparisons in Legal Development”
organized by Swiss Institute of Comparative Law (Lausanne, Switzerland)
May 24-26, 2012
National Report of China “Codification of Civil Law in China” at the second
Thematic Conference of International Academy of Comparative Law “Codification”
(Prof. Wen Yeu Wang)
Academic activities in China:
from March 2004 till now invited more than 40 foreign professors to visit ECUPL and organized 40
seminars on Roman Law, Civil Law and Comparative Law. The academic
visitors came from Germany, France, Italy, Russia, Netherland, Belgium, USA,
UK, Korea, Japan, including some worldwide well-know scholars, such as Prof.
Cesare Mirabelli (President of Italian Constitutional Court), Prof. Massimo
Bianca, Prof. Luigi Labruna, Prof. Luigi Capogrossi, Prof. Sandro Schipani, Prof.
Letizia Vacca, Prof. Gianmaria Ajani (Italy), Prof. Reiner Schulze, Prof. Okko
Behrends, Prof. Franz-Jürgen Säcker (Germany), Prof. Dirk Heibaut (Belgium),
Prof. Edgar du Perron (Holland), Prof. Kofanov, Prof. Bibikov (Russia)
from March 2004 till now delivered more than 38 academic speeches at the annual symposiums of China’s
National Comparative Law Association and China’s National European Law
Association and leading Chinese universities, such as Tsing-Hua University,
China University of Political Science and Law, Fu Dan University and Zhejiang
University.
Hobby
Swimming, Chess, Jogging, Tennis, Badminton, Gymnasium, Classic Poems
List of Publications
Main Books:
1. Theory and Practice of Proxy (Daili de Lilun Yu Shijian)
co-author
Economic Administration Press, Beijing, 1993
2. Studies on the cases of the Civil Law(vol.4, On the Cases of the Insurance Law) (Mingfa Anli Yuanju) ,
co-author
Shang-Xi Press, Taiyuan, China, 1994
3. Law Handbook for the Government Employees (Gong Wu Yuan Fa Lü Shou Che),
co-author
China University of Political Science and Law, Beijing, 1994
4. “Trap” in the Purchase-Sale Contrtact (Mai Mai He Tong Zhong de Xianjing),
co-author
Xushu Shijie Press, Beijing, 1994
5. Encyclopedia of the New Law of Economic Contracts (Part : Principal Theory of Economic Contrtacts)
(Xin Jingji He Tong Fa Da Quan), co-author
Renmin Press, Beijing, 1995
6. Encyclopedia of the Law of People’s Republic of China (Part : Relevant Law on Economic Planning and
Company) (Zhong Hua Ren Min Gong He Guo Fa Lü Da Quan),
co-author
Beijing Press, Beijing, 1995
7..Dictionary of Civil Law (Part: Law on Sale of Securities and Proxy Law) (Min Fa Ci Dian)
co-author,
Nanjin University, Nanjin, China, 1995
8.The Chinese version of Some Selected Fragments on Public Roman Law in Corpus iuris civilis (from
Latin into Chinese), University of Political Science and Law, 2001
9. Chinese Version of Italian Civil Code (appendice: The relationship between the Italian Civil Code and
Corpus iuris civilis (Yi Da Li Min Fa Dian Yu Ming Fa da Quan de Qu Bie He Lian Xi )
China University of Political Science and Law, Beijing, 2001 and 2005 (second edition)
10. Course of Real Rights Law (Wu Quan Fa Jiao Cheng), author
Beijing University Press, Beijing 2005 and 2007 (second edition)
11. I contratti innominati nel diritto romano. Impostazioni di Labeone e Aristone (in Italian, “The
Innominated Contracts in Roman Law: Thoughts of Labeo and Ariston ”), author, Giuffre’ Press, Milan,
2007
12. Codiciation, Decodification and Anti-Codification of Civil Law (Mingfa Fadian Hua, Jie Fa Dian Hua he
Fang Fa Dian Hua), Edited by Lihong Zhang and Fu PingGao, University of Political Science and Law
Press, 2008
13. Freedom of Contract in Roman Law and Its Development (Luo Ma Fa Zhong De Qi Ye Zhi You Ji Qi fa
Zhang) , in course of printing, author, University of Political Science and Law Press, 2010
14. Code of European Contract (OU Zhou He Tong Fa Dian, edited by Giuseppe Gandolfi), Translated from
French into Chinese by Lihong Zhang, China University of Political Science and Law, 2010
15. Modern China in Eyes of Italian Experts(Yi Da Li Yang Zhong De Xiang Dai Zhong Guo), edited by
Lihong Zhang and Silvio Beretta, in course of printing, China University of Political Science and Law,
2012
Main Articles:
1. Studies on Public Promises
in Remengu Legal Science (Ren Men Gu Fa Xue), n.2/1993, Huhehoot
2. Legislative Suggestion on the Hereditary Tax
in Beijing Tax (Beijing Shui Wu), n/4, 1993, Beijing
3. Will Autonomy : Fundamental Principles of Law in a Society of Economic Market
in Post-graduate Legal Science (Yan Jiu Sheng Fa Xue), n/3, 1993, Beijing
4. Economic Market and Will Autonomy
(with Prof. Jiang Ping)
in Law Studies(Fa Xue Yan Jiu) , n/6, 1993 , Beijing
5. Current Tendecy of Property Law in USA( by Prof. R.W. Poslton, Professor of Law at Indiana University)
( translation from English into Chinese
in Forgien Law Review (Wai Guo Fa Yi Chong), n/4, ,1994, Beijing
6. Limitation on the Transfer of the Investment of the Company
in Legal Science (Fa Xue), n/3, 1995 , Shanghai
7. Current Tendecy of Contractual Law in USA (by Prof. R.W. Poslton, Professor of Law at Indiana
University)
( translation from English into Chinese)
in Forgien Law Review(Wai Guo Fa Yi Chong), n/1, 1995, Beijing
8. Analysis on the Legal Relationship of the Securities Sale
in Guangdong Legal Science (Guang Dong Fa Xue), n/6, 1995, Guangzhuo
9. Necessity of Strengthening the Legislation on Copyright
in Industry and Commerce Journal ( August 24 1994, Zhong Guo Gong Shang Shi Bao), Beijing
10. Counterfeiting the Products with the Denomination of Other Persons and the Violation of the Copyright
in Journal of National Institute of Legal Operators in China (Zhong Yan Zhen Fa Guang Li Gang Bu
Xue Bao) , 1996 , Beijing
11. The Contractual Liability in Roman Law and Its Development in Chinese Law (Luo Ma Fa Zhong De He
Tong Zhe Ren Ji Qi Zai Xiang Dai Zhong Gong De Fa Zhang)
in Civil and Commercial Law Review (Min Shang Fa Lun Cong), Beijing, 1996
12. The Effects of Obligations (Zhai De Xiao Li)
in Shang Dong Legal Science (Shangdong Fa Xue), 1996
13. Consuetudine cinese e codificazione del diritto civile cinese (in Italian)
in Assocorce News, Roma, 1998
14. The Jurisdictional Immunity of the Foreign States in Italy
in European Law Review (Ou Zhou Fa Tong Xun), Beijing , 2003
15. The Codification of Civil Law in China: History, Current Situation and Prospective (in English)
in Studium Iuris, Padova, 2004
16. The Methodology of the Comparative Law
in Modern Legal Science (Xiang Dai Fa Xue), Chongqing, 2005
17. Comments on the Draft of Real Rights Law of PRC
in Legal Science Monthly (Fa Xue), Shanghai, 2005
18. Codification of Civil Law in China (in English)
in Contratto e Unificazione del diritto (edited by L. Gatt), Naples, 2005
19. The Theory of Decodification and the Codification of Chinese Civil Law
in Legal Science Monthly (Fa Xue), Shanghai, 2006
20. Justice in the Roman Contract Law (in English)
in Law, Peace and Justice: A Historical Survey (edited by Choe), Seul, 2007
21. Experiencia del trust en República Popular de China (in Spanish)
in “ Trust en derecho continental e common law, (edited by E. A. Amoyals), Barcelona, 2007
22. Diritto Romano e Unificzione del diritto private European (in Italian)
in Roman Public Law and Private Law. Development of European Law, Moscow, 2006
23. Report on the International Conference “Real rights: Historical Experience, Modern Development and
Comparative Prospective in the Continental Legal Countries” (April 7th-8th 2007, Shanghai, in English)
in Zeitschrift Vergliechenrecht, Chinesisches Recht (Germany) , n. 4, 2007
24. Codification of Chinese Civil Law and the Existing Main Problems ( translated from English into
Russian)
in Ius Antiquum, Moscow, 2007
25. Distinzione tra permute e compravendita nell’ius controversium tra la scuola proculiana e sabiniana (in
Italian)
in Fides, humanitas, ius. Studii in onore di L. Labruna, n. 8, Naples, 2008
26. “Studies on Real Right After the Promulgation of China’s Real Rights Law”, (in English),
in Diritto, lingue, culture, modelli giuridici europei nella Cina contemporanea, Naples, 2009
27. The Reform of Italian Company Law,
in European Law Review (Ou Zhou Fa Tong Xun), Beijing , 2009
28. Elements of Roman Law and Germanic Law in Modern Civil Procedure Law ,(by Giuseppe Chiovenda,
translated from Italian into Chinese, in Jurisdiction (Si Fa), vol 4, Xiamen University Press, 2009
30. Latest Development of Codification of Civil Law in China (in English), in Tulane Law Review, vol. 38,
New Orleans, USA, 2009
31. Realisation of Pre-emption Rights of Co-owner (An Feng Gong You Ren You Xian Gou Mai Quan Zhi
Shi Xian), in Legal Science Monthly, vol.5, Shanghai, 2009
32. Criteria of Qualification of Fault in Contractual Liability: Roman foundation and Comparative Study.
(He Tong Ze Ren Zhong De Pan Ding Biao Zhun. Luo Ma Fa Ji Chu He Bi Jiao Yuan Jiu), in Political
Science and Law (Zheng Zhi Yu Fa Lu ), Shanghai, 2010
33. History of Study of Roman Law in China (Zhong Guo Luo Ma Fa Yan Jiu) (Translated from Chinese into
Japanese), in Law Journal of Osaka University, in course of printing, Osaka, Japan, 2011
34. Some Reflections on the Modernization of Chinese Real Right System. Studies on Portuguese Civil Code
(Wu Quan Zhi Du Xian Dai Hua De Ji Dian Si Kao. Yi Pu Tao Ya Ming Fa Dian Wei Si Jiao), in Global
Law Review, Beijing, China, 2012
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