This course is divided into four parts: the first part is the general introduction, which teaches the concept of commercial law, commercial subject, commercial behavior, commercial name, the concept and system of commercial operators and employees, and commercial management system. The second part is the commercial subject law, which introduces the concepts and relationships of different commercial organizations, including individual operators, sole proprietorships, companies, joint ventures, joint ventures and enterprise groups. The third part is the commercial intermediary system, which teaches commercial agency, brokerage system, trust, entrustment, intermediation and franchising. The fourth part is commodity circulation, teaching different ways of commodity sales (operation, consignment, direct selling, pyramid selling, etc.). ) and introduce negotiable securities (stocks, bonds, bills of lading, warehouse receipts, etc.). ), futures trading, real estate trading, transportation and warehousing system.
Company law.
Introduce the corporate systems and laws of attracting foreign investment in various countries. The contents mainly include: the emergence and development of the company; The main organizational forms of industrial and commercial enterprises, focusing on the legal status, characteristics and relevant legal provisions of partnership, limited liability company and joint-stock limited liability company; Combined with China's Law on Sino-foreign Joint Ventures, this paper introduces the laws of various countries to absorb foreign capital and the international treaties to protect foreign capital. Teachers mainly use classroom discussion to organize students to analyze the main cases of China and the United States, summarize and compare the basic characteristics of company law systems in different countries, so as to help students grasp the main characteristics, development trends, advantages and disadvantages of China's company law in a broader context.
Maritime law (maritime law)
This course mainly introduces China Maritime Law, other countries' maritime trade legal systems, relevant international conventions, international practices and legal practice cases. Its contents mainly include: the introduction introduces the concept, adjustment object, historical evolution and origin of maritime law; The ship and crew introduce the ownership, mortgage and maritime lien of the ship; Contract of carriage of goods by sea, ship charter contract and marine insurance contract-this part is the focus of the lecture; This part gives a general introduction to the legal issues such as collision of ships, towing of ships, salvage at sea, general average, limitation of liability for maritime claims, limitation of maritime litigation, legal application of foreign-related maritime legal relations, and handling of maritime affairs and maritime disputes.
Law of negotiable instruments.
This paper mainly introduces the negotiable instrument law of China, and at the same time, it will introduce the negotiable instrument law of Britain and the United States from a comparative perspective (focusing on the third chapter of the Uniform Commercial Code of the United States) and the related contents of the international uniform negotiable instrument law. Among different bills (including bills of exchange, subject matter and checks), this lesson focuses on bills of exchange and checks, including bill issuance, endorsement, presentation, payment, refusal to pay, recourse and other bill behaviors, and analyzes the relationship between the parties in bill behaviors and the related rights of appeal and defense. In the chapter of checks, the legal relationship between banks and customers will also be introduced.
International economic law (international economic law)
This course mainly teaches five parts: the first part is an overview of international economic law and WTO legal framework; The second part mainly teaches the remedy law of international trade in goods; The third part mainly teaches the international service trade law; The fourth part mainly teaches the international tax legal system; The fifth part teaches the settlement of international economic disputes. This paper introduces the concept and characteristics of international economic law, the relationship between disciplines and related disciplines, the basic functions and legal document framework of WTO, the legal relief and investigation procedures of WTO anti-dumping, countervailing and safeguard measures, the basic legal principles and rules system of international service trade, the theory and practice of international tax jurisdiction, the main contents of bilateral tax agreements, WTO trade dispute settlement mechanism, international investment dispute settlement system and other international economic dispute settlement means and basic procedures. Teachers teach relevant laws, introduce cases, integrate theory with practice, and combine a lot of extracurricular reading, classroom teaching and classroom discussion to help students master the basic principles, rules and operating procedures of international economic law, laying a solid foundation for students to further engage in theoretical research and legal practice in the fields of international trade, investment and taxation.
international private law
It includes three parts: (1) conflict rules, that is, when different countries make different provisions on the settlement of a civil and commercial dispute, it stipulates which country's civil and commercial law should be applied to solve the dispute; (2) International civil litigation procedures, mainly involving: the jurisdiction of national courts over international civil and commercial cases, providing judicial assistance to other countries' courts, and recognizing and executing judgments made by other countries' courts; (3) General systems in private international law, such as identification, renvoi, policies and good habits, evasion of laws, identification of foreign laws, etc. This course will adopt the method of combining theoretical narration with classical case analysis, so that students can deepen their understanding of abstract legal concepts and categories. With the deepening of law teaching reform, the content of this course will be constantly updated and adjusted.
Economic law (economic law)
This paper briefly introduces the main laws of the state to realize economic macro-control and regulate the market under the condition of socialist market economy. The course content includes the basic theory of economic law, fiscal law, tax law, banking law, anti-monopoly law, anti-unfair competition law, consumer rights protection law and other separate laws and regulations. The purpose of this course is to make students understand the relationship between law and economic system and the role and influence of law in economic management and market regulation.
Intel Intellectual Property Law (Intel Intellectual Property Law)
This paper introduces the basic theory and application theory of intellectual property rights, focusing on the application theory, and also introduces the relevant international conventions and their relationship with domestic laws. The main contents include: the concept, basic principles, development history and trend, theoretical problems and main disputes of intellectual property rights; Specifically introduce the basic contents of patents, copyrights, trademarks, computer programs, trade secrets and the basic situation of legislation and justice in China; Grasp the teaching situation from three aspects: theoretical, systematic and scientific, and make timely adjustments.
General principles of civil law.
The purpose of this course is to introduce students to the basic theory, basic concepts and basic system of the general civil law, which is the first part of the whole civil law curriculum system. This course includes the following contents: 1, Introduction to Civil Law, telling the meaning, adjustment object, development history, origin and application scope of Civil Law; 2, the basic principles of civil law, telling the guiding principles established by our civil law; 3. Civil legal relationship, which describes the concept, characteristics, constituent elements, civil legal facts, civil rights, civil obligations and civil responsibilities of civil legal relationship; 4. Natural person, describing natural person's capacity for civil rights and civil conduct, declaration of missing and death, guardianship, etc. 5. Legal person, regarding the civil rights and capacity of legal person, the establishment, alteration and termination of legal person organs and legal persons; 6. Civil juristic acts, which describe the meaning, expression of will, establishment and effectiveness of civil juristic acts, civil acts with conditions and deadlines, invalid civil acts, revocable civil acts and civil acts with undetermined effectiveness. 7. Agency, describing the concept and characteristics of agency, classification of agency, rights of agency, types of unauthorized agency, etc. 8. Limitation of action, describing the types, duration, suspension, interruption and extension of limitation of action.
Property law in civil law
This course aims to introduce students to the basic theory, basic concepts and basic system of civil law property right, and is the second part of the whole civil law curriculum system. This course includes the following contents: 1. Overview of real right, describing the concept, effectiveness, types and changes of real right; 2. Ownership, which describes the overview of ownership, real estate ownership and movable property ownership; 3.* * * Yes, describe the concept and characteristics of * * * *, and use * * * * to represent * * * according to the number of * * * *; 4. Usufructuary right, describing the concept of usufructuary right, such as Watson's right, superficies, land contractual management right, pawning right and easement; 5. Security interests, an overview describing security interests, mortgages, pledges and liens; 6. Possession, describing the overview of possession, the effectiveness and protection of possession, and the acquisition and elimination of possession.
Civil law obligation
The purpose of this course is to introduce students to the basic theory, basic concepts and basic system of civil law creditor's rights, and it is the third part of the whole civil law curriculum system. This course includes the following contents: 1, overview of creditor's rights, describing the concept, characteristics, constituent elements, causes and classification of debt; 2, the performance of debt, telling the concept and principle of debt; 3, debt preservation and guarantee, about the specific way of debt preservation and guarantee; 4, the transfer and elimination of debt, about the transfer of creditor's rights, debt transfer, debt transfer, debt elimination; 5. Contract, describing the concept and characteristics of the contract, the classification, conclusion, performance, modification and termination of the contract, and the liability for breach of contract; 6. Tort, describing the concept and legal characteristics of tort, the classification of tort, the principle of imputation of tort, the constitutive elements of general tort, and the tort liability of various special tort; 7. Unjust enrichment, describing the overview, elements of establishment, types and contents of debts of unjust enrichment; 8. The debt of negotiorum gestio, describing the establishment elements and contents of negotiorum gestio. The major of international law (including public international law, private international law and international economic law) was established on June 3rd 1984, 1. It is one of the first two doctoral programs established in our school, and was rated as a national key discipline in 2002. Its professional goal is to train students to have a solid theoretical foundation of law and extensive foreign-related economic and trade knowledge, and at the same time be proficient in foreign language listening, speaking, reading and writing, and become high-level legal talents in the field of international law.
First, national key disciplines and high-level research results.
Since its establishment, the Law School of the University of International Business and Economics has been at the leading level in the teaching and research of international economic law. The major of international law in our college is a national key discipline approved by the Ministry of Education, with a doctorate in international law and a postdoctoral mobile station.
Through the construction of three deans, namely Feng Datong, Prof Shen and Wang Jun, and all the teachers, a group of outstanding young and middle-aged backbone teachers have gathered in the major of international law, forming a strong teaching and scientific research echelon and making remarkable achievements. In 2005, china law society International Economic Law Research Association was established with the support of our institute, which has gathered many famous scholars majoring in international economic law and become the most important national professional academic group in this field (20 13 was renamed as China International Economic and Trade Law Research Association); With the financial support of the Tenth Five-Year Plan and the "2 1 1 Project", the international legal system has established WTO Legal Research Center and other professional academic research institutions, which have completed or will soon complete a number of important scientific research achievements, some of which have been used as reference for decision-making by practical departments; Teachers of the international law department have also presided over and undertaken many research projects funded by the National Philosophy and Social Sciences Fund and ministries and commissions such as the Ministry of Education, the Ministry of Justice, the the State Council Legal Affairs Bureau and the Ministry of Commerce, and published nearly 100 academic papers and dozens of monographs in domestic authoritative core journals of law.
Second, the specialty and advanced teaching methods and level of doctoral programs.
The major of international law is one of the four doctoral degrees awarded in university of international business and economics 14, which has trained a large number of outstanding professionals for the country for many years.
The course "International Commercial Law" offered by the International Law Department was rated as a national excellent course by the Ministry of Education. The textbook International Commercial Law has sold hundreds of thousands of copies, which has cultivated and influenced several generations of economic and trade legal talents.
Other courses such as international investment law offered by the international legal system are also popular with students. Teachers in our department have developed their own teaching methods for a long time, adopting case teaching and bilingual teaching in many courses, which has enhanced students' ability to apply China laws and understand foreign laws. In order to cooperate with case teaching and bilingual teaching, teachers in our department have compiled English case teaching reference books such as Selected Cases of International Commercial Law Teaching (English), Anglo-American Business Organization Law, International Law and Revealing the Company, which have greatly promoted the cultivation of talents of "Three Meetings" (mastering legal professional knowledge and being familiar with foreign languages and economic and trade knowledge).
The international legal system has also made great achievements in training master's and doctoral students, and the trained graduate students are well received by employers. In addition to training doctoral students for Chinese mainland, our department has also trained nearly ten doctoral students for Hong Kong, Macao, Taiwan, Britain, South Korea and other countries in recent years.
The international legal system has also made great achievements in foreign language teaching. In 2003, our college undertook the project of training more than 10 EU lawyers, and our teachers undertook most of the teaching tasks.
Third, high-level foreign exchanges.
Most of the young and middle-aged teachers in the international legal system have the experience of studying in Europe and America or being visiting scholars, and have rich foreign exchange resources. Every year, foreign exchanges, especially mutual visits with famous foreign universities and research institutions are very frequent. The international legal system has established stable and long-term cooperative relations with some foreign universities and research institutions, and regularly holds summer lectures and exchanges between teachers and students. The foreign exchange and cooperation of "Keeping pace with the Times" enables teachers of international law departments to follow the latest development in their research fields and apply relevant information to their own research and teaching. Some teachers have also been invited by foreign countries to be senior visiting scholars or subject researchers, and have published many papers in foreign academic journals. The college has a doctoral program in the first-class discipline of law, a postdoctoral mobile station of law, and a national second-class key discipline-international law. Beijing first-class key discipline of law.
Ministry of Teaching and Scientific Research
International legal system
Economic legal system
Department of Civil and Commercial Law
Constitutional and administrative law system
Procedural law department
Department of legal theory
Bachelor degree in criminal law:
law major
Master of Science degree:
Legal theory, international law, economic law, civil and commercial law, constitutional law, administrative law, procedural law and criminal law.
Professional master's degree:
Master of Laws (Law) and Master of Laws (Illegal Studies)
Doctor:
International law (including public international law, private international law, international economic law), civil and commercial law.
Post doctoral mobile station
International commercial law is a general term for adjusting various legal norms of international commercial transactions and commercial organizations. Teaching undergraduates majoring in international economic law and senior undergraduates majoring in international trade, international business management and foreign trade English. Students should complete foreign trade courses such as international trade, international trade practice and international finance before entering this course.
The main contents of international commercial law are: (1) Introduction; (2) agency law; (3) partnership law; (4) company law; (5) Law on Enterprises with Foreign Investment; (6) contract law; (7) buying and selling law; (8) product liability law; (9) Negotiable Instruments Law; (10) International commercial arbitration. It should be said that the above content is the core part of international commercial law, but it does not mean the whole content. Among them, contract law, sales law and company law are the focus of this course, because in foreign-related economic activities, contracts, especially contracts for the sale of goods, are basic legal documents, and companies are the most important subjects engaged in international commercial activities. Negotiable instrument law is an important part of commercial law. However, due to the limitation of class hours, students majoring in foreign trade, management and foreign languages may not teach it for the time being, but students majoring in international economic law must teach it. As for the legal issues related to transportation and insurance, students will not be included in the course of international commercial law because they have acquired the necessary knowledge in the courses of international trade practice, maritime law and insurance.
This course is mainly taught in class, supplemented by case discussion or mock arbitration tribunal or mock trial. Its purpose is to enable students to master the basic principles of law and know how to use the learned legal principles to solve practical commercial disputes.
International Commercial Law is one of the fifteen key courses in university of international business and economics, which is characterized by its professionalism and practicality, and is closely related to the demand of market economy, especially the social demand for international economic and trade talents after China's entry into WTO. This course is open to the whole school and requires students to master the basic knowledge of international trade, international finance and import and export business before studying this course. The teaching targets are undergraduates majoring in international economic law and senior undergraduates majoring in international trade, international business management and foreign trade English.
Since 1980, it has been 25 years since university of international business and economics opened the course of international commercial law. These 25 years can be divided into two periods.
The first issue is 1980 to 1993. This period is the period when the course of international commercial law is established and the system is established. During this period, university of international business and economics separated the Department of International Economic Law from the Department of International Economic Trade and established the Department of International Economic Law, with Professor Feng Datong as the head of the department. The leaders of the course of international commercial law are two famous China jurists, Shen Daming and Feng Datong. The main achievements of this period are:
(1) established a set of international commercial law system to meet the needs of China's foreign trade and economic development;
(2) The textbook 1980 of International Commercial Law edited by Professor Shen Daming and Professor Feng Datong was later designated as the textbook of the former MOFTEC, and won the first prize of the excellent textbook of the former MOFTEC and the Beijing Social Science Research Achievement Award. Professor Feng Datong published the textbook 1992 (revised edition), which was later designated as the textbook compiled by the former Ministry of Foreign Trade and Economic Cooperation, and was once rated as an excellent textbook of the Ministry of Foreign Trade and Economic Cooperation.
The second issue is 1994 till now. This period is the establishment period of international commercial law as a brand course. 1994 university of international business and economics changed the department of international economic law into a law school, with Professor Prof Shen as its dean. During this period, the principals of the course of International Commercial Law were Professor Prof Shen, Dean of Law School, and Professor Wang Jun, Vice President. The main achievements of this period are:
1, the teaching and scientific research level of international commercial law has been continuously improved, and the international law major with the course of international commercial law as its core was awarded the title of national key discipline in 2002.
2. In 2003, the course of International Commercial Law was rated as an excellent course in Beijing.
3. The textbook "International Commercial Law" edited by three professors, Prof Shen, Wang Jun and Jiao Jinhong, was rated as an excellent textbook for higher education in Beijing. The textbook "International Commercial Law" has been adopted by colleges and universities, and hundreds of thousands of copies have been issued so far, which has had a great impact on the society and played an irreplaceable role in unifying the teaching style of international commercial law.
4. In the teaching of international business law, new teaching methods are constantly summed up, including interactive teaching methods such as case teaching method and bilingual teaching method, and multimedia means are used for teaching. The adoption of these methods has a great influence in China. The Law School of the University of Economics and Business has held many national seminars on case teaching of international commercial law, and studied the teaching methods of international commercial law courses together with domestic counterparts.
5. Several sets of case teaching and bilingual teaching series of international commercial law have been compiled. In addition to international commercial law textbooks, the more representative are:
(1) Prof Shen, Wang Jun and Jiao Jinhong: Selected Teaching Cases of International Commercial Law (in English), published by Law Press 1999, which was rated as a national recommended textbook by the Ministry of Education;
(2) Wang Jun: Selected Cases of American Contract Law, published by China University of Political Science and Law Press1995;
(3) Wang Jun: American Contract Law, published by China University of Political Science and Law Press 1996;
(4) Ding Ding, Editor-in-Chief: Anglo-American Commercial Organization Law (Case Essence Series), published by university of international business and economics Publishing House in 2004.