I have been studying civil and commercial law for 20 years since 1980. In these 20 years, it has generally experienced the following four stages:

I. From 1980 to 1989

1975 it's my first time to handle a case in a civil court since I went to work in the court. This is my earliest understanding of civil and commercial law.

From 65438 to 0980, although I no longer worked in the civil court, I became interested in the theory of tort law and began to study it. 198 1 prepared materials for the civil trial work conference held in the Supreme People's Court, and participated in the investigation and study of tort compensation cases. After consulting hundreds of cases of tort damages, I have accumulated rich practical materials. At the same time, I found all the textbooks and articles on tort law that can be found in China, studied and studied, and wrote an investigation report on several issues concerning the handling of civil damage compensation cases. In addition to reporting to the higher court, I also sent it to the editorial department of Legal Research. The editorial department of Legal Research published key articles in the fifth issue of this year. This is a great encouragement for my research and study.

From 65438 to 0983, I went to the Central Party School to study for half a year, which was the key time for me to concentrate on studying civil law. The library of the Central Party School has a very rich collection of books and many legal books. I borrow a lot of books from there every week, study after school and accumulate a perceptual knowledge of civil law.

1September 1984, I was admitted to the School of Continuing Education of China University of Political Science and Law, majoring in law. The teachers who have taught me are all celebrities in the legal field, such as Professor Tong Rou, Professor Guan Ai Min, Professor Yan Duan and Professor Fan. Under the guidance of these normal universities, my understanding and feelings about the law have undergone profound changes. Especially under the guidance of Tong Rou, I have a deeper feeling and understanding of civil law. After research, I collected all the monographs and papers of China's tort law, as well as ancient Chinese legal classics and translations abroad, comprehensively studied the theory and practice of tort law, and then wrote the manuscript of the monograph Tort Compensation. After the publication of General Principles of Civil Law, the manuscript was rewritten and sent to the publishing house upon graduation. I also wrote some articles and published them in relevant journals.

65438-0987 After I graduated from the University of Political Science and Law, I wrote the article "On Joint Dangerous Behavior" in combination with the actual situation, and put forward positive opinions on the theory and application of joint dangerous behavior. Then, this article was published in Legal Research. If 198 1 when the first article was published in Legal Research, our research on civil and commercial law was still in an unconscious state, then the publication of this article infiltrated the author's deep feelings and deeper understanding of the research on civil and commercial law. The basic theory of this article has been accepted by judicial practice, and many cases have been judged according to the principles revealed by this article, and have been published in relevant publications of the Supreme Court, which has become a guiding precedent to guide judicial practice.

1988 After publishing the book Compensation for Tort Damage, he began to write the General Theory of Special Tort Law. This year, I was admitted to the first civil law class of China Senior Judge Training Center (held in China Renmin University). In this civil law class, Mr. Tong Rou devoted almost all his efforts to teaching, counseling and discussing in person. In addition, Professor Zhao Zhongfu and Professor Zheng Li are also very concerned about advanced law courses, and the main courses are taught by these three teachers themselves. It can be said that our study in advanced law class is better than that of graduate students, and the teaching content and depth are first-class. In my spare time, I continued to write "General Theory of Special Tort Law", and I was personally guided by Teacher Tong Rou. I asked about my writing plan in detail and helped me temper my theme. Finally, I wrote an enthusiastic preface for the work I funded. According to the main contents of this book, I wrote "On Special Tort Law and Its Application", participated in the first legal theory seminar held in the Supreme People's Court, and read it out at the closing of the conference, and won the excellent thesis award.

I graduated from 1989. In the evaluation of my graduation thesis, Teacher Zhao Zhongfu's oral evaluation of my thesis is "excellent".

Two. From 1990 to 1992.

1February, 990, I was transferred to the Supreme People's Court civil court. This working environment provides a very broad world for my research on civil and commercial law, which gives me the opportunity to get in touch with the latest trends and situations of national civil trials and participate in the judicial interpretation of civil and commercial law and the trial of major civil cases formulated by the highest judicial organ. Therefore, in practice, my research on civil and commercial law has been promoted to a higher level, reaching the top of the research pagoda on civil and commercial law, with a broader vision, a higher angle and a more comprehensive understanding.

This year, I studied together with the comrades of legal research, taking "judicial interpretation research" as an important column of legal research, and taking my article "The effect of payment on the prospective possessor of creditor's rights" as the opening work of the column. Since then, I have also created a new method for the study of civil and commercial law, that is, combining case law and judicial interpretation to conduct in-depth theoretical research and reveal the deep-seated theoretical problems of case law and judicial interpretation.

Strictly speaking, during my three years working in the Supreme People's Court, I mainly accumulated theoretical and practical experience in civil law, absorbed many new theoretical viewpoints, combed my own experience, accepted and digested many typical cases and judicial interpretations in civil trial practice, and enriched my practical experience.

During this period, I also wrote some articles and some practical civil law works. His works mainly include: Interpretation of Doubts in Civil Trials, Judicial Practice of Tort Damage Compensation Cases, Difficult Issues of Spiritual Damage Compensation, Some Theoretical and Practical Issues in Civil Trials, Judicial Countermeasures for Civil Disputes in Hong Kong and Taiwan, Interpretation of Opinions on the Application of Civil Procedure Law, Judicial Countermeasures for Difficult Disputes of Tort Debt, etc.

He has published many articles in Legal Research and other journals, such as Creditors' Right of Cancellation and Its Application, Balance of Mixed Faults and Negligence, and New Liability for Infringement of Reputation Rights.

Three. From 1993 to 1995.

These three years are the period when I have made important achievements in the research of civil and commercial law. After more than ten years' accumulation, especially three years' accumulation in the Supreme People's Court Civil Court, my views on civil and commercial law need to be sorted out. At this time, I was transferred to Yantai University for teaching, and I had enough time to do this work.

The focus of research and writing in this period is, on the one hand, the study of personal rights law, on the other hand, the expansion of the research field of civil and commercial law, and the development of debt law, property law, relatives law and so on.

In the first two years of teaching, except for a few hours of classes and foreign language learning time every week, almost all of them were studying civil and commercial law and writing. In particular, 1994 publishes 32 articles a year, almost all of which are relatively weighty articles. At the same time, I devoted myself to writing On the Law of Individual Rights.

1995, transferred to the Supreme People's Procuratorate civil administrative procuratorate, relaxed environment, not responsible for important leadership work. Therefore, I continued my research work in Yantai University.

The main research work completed in the past three years includes: writing a 750,000-word monograph on Personal Rights Law and proofreading it before publication in my spare time; The collection of essays on Research and Application of Civil Law Interpretation was edited and published in 1995, with 5000 copies printed and reprinted in 10000 copies. Co-authored works such as Personality Right and News Infringement, New Theory of Personality Right Law, Civil Law and Tort Law. Completed papers include Reconstruction of Other Property Rights in China (published by China Social Sciences), Extended Legal Protection of Personal Rights, Infringement of Freedom and Its Civil Law Relief, Infringement of Portrait Rights and Its Civil Law Relief (the above three articles were published in Legal Research), On Balance of Profit and Loss, and On Infringement of Chastity Rights and Its Civil Law Relief (the above two articles were published in.

This period is the golden age of China's civil and commercial law research, and many important articles were written at the same time. The works written during this period constitute the core part of the research results of civil and commercial law in China.

Four. From 1996 to now

Since 1996, the pressure of work is increasing, and the time for studying civil and commercial law is getting less and less, so I can only do it in my spare time. Fortunately, the weekend system has been implemented recently, Saturday and Sunday, two days a week. Therefore, my research work has not been interrupted.

During this period, the main contents of my research on civil and commercial law are:

1.

Summarizing and sorting out the research results of tort law, I wrote a 750,000-word monograph on tort law, which was published by Jilin People's Publishing House. 5,000 books are basically sold out in less than 1 year, which is well received by readers. Co-author of "China Tort Law" and "Tort Law and Tort Law Case Course". Edit and publish the series of damage compensation expert guidance by law publishing house and the series of damage compensation theory and judicial practice by people's court publishing house.

The research and application of civil law judgment, the second to fourth episodes, was edited and published. Edited and published a collection of 10 volumes, including all the papers in the past 20 years.

Studied contract law, combined with the formulation and publication of People's Republic of China (PRC) Contract Law, presided over the compilation of Interpretation and Application of China Contract Law, Application and Enforcement of Contract Law and General Principles of Contract Law (Volume I).

He continued to study the law of individual rights and published a co-authored textbook, The Law of Individual Rights.

I study the theory of civil administrative procuratorial supervision, write many articles and participate in writing related monographs.

The above is just a brief summary of my academic activities in civil and commercial law research, which is far from expressing my deep feelings for civil and commercial law. Looking back on my 20-year research history of civil and commercial law, I deeply realize that the theory of civil and commercial law is an inexhaustible treasure house. It is a blessing to engage in theoretical research on civil and commercial law in this life, which not only enables you to make your own exploration in this legal field, but also nourishes students' body and mind forever with profound civil and commercial law theory and the spirit of fairness and justice, so that you can always be a good person and never hurt others. Therefore, I will never regret engaging in civil and commercial law research.

Catalogue of legal research papers published in recent 20 years

1. Reconstruction of Other Property Rights Systems in China, China Social Sciences, No.3, 1995.

2. Extended legal protection of individual rights, Legal Research, No.2, 1995

3. Infringement of Freedom and Its Civil Law Relief, Law Research No.4, 1994

4. Infringement of Portrait Rights and Its Civil Liability, Legal ResearchNo. 1994,No. 1.

5. On the Creditor's Revocation Right and Its Application, Law Research No.3, 1992.

6. The effect of payment to the prospective possessor of creditor's rights, Law Research No.3, 199 1.

7. Mixed fault and fault balance, Law Research, No.6, 199 1.

8. On Joint Dangerous Behavior, Law Research No.5, 1987.

9. Some Issues on Handling Civil Damage Compensation Cases, Law Research No.6, 198 1.

10. On breakeven. China Law 1994 No.3.

1 1. The right of chastity and the civil law remedies for its infringement. China Law 1994 No.4.

12. Rethinking the news infringement. Journal of Central South University of Political Science and Law, 1, 0994.

13. On the effectiveness and application of payment to the possessor of creditor's rights. Sino-foreign law 1994 No.3.

14. On the civil liability of editors and publishers of infringing novels. Law Review, No.2, 1994

15. Political Law No.2 on Partnership's Common Property 1995

16. Loss of working ability and damages. Politics and Law, No.4, 1994

17. On the differentiated ownership of buildings, The Jurist, No.4, 1995.

18. Present situation and thinking of judicial interpretation of tort law in New China. Jurist, No.2, 1994.

19. On the system of bona fide acquisition, The Jurist, No.3, 1993

20. Research on the infringement of creditor's rights and its damages. Shanghai Law Research No.5, 1994.

2 1. The idea of perfecting China's national debt hedging system. Shanghai Law Research 1994 No.2.

22. On the Right of Name and Its Protection in Civil Law, Jiangsu Social Sciences,No. 1995,No. 1.

23. On the relationship between denying legitimate children and fraudulent upbringing. Jiangsu Social Sciences No.4, 1994.

24. On Family Common Property, Journal of Political Science and Law No.4, 1994.

25. On the concept of tort. Journal of Political Science and Law No.3, 1994.

26. Study on the Basic Problems of Common Property Journal of Gansu University of Political Science and Law No.4 1994.

27. On the relationship between adjacent risks and prevention. Journal of Gansu University of Political Science and Law No.2, 1994

28. On industrial accidents and damages. Journal of Central School of Political Science and Law Management, No.5, 1994.

29. On the administrative compensation liability of state-owned public facilities and its management defects. Journal of Central School of Political Science and Law Management, 1994, 1.

30. On the responsibility of novels for infringing the right of reputation. Journal of Central School of Political Science and Law Management, the first issue 1992.

3 1. Credit Right and Civil Law Relief for Its Damage, Law No.4, 1995

32. On citizens' personal rights and their civil law protection. Law, No.6, 1994.

33 "Participation and Distribution System in Civil Execution Procedure" Law 1994No. 1

34. On Creditors' Subrogation and Law No.4, 1990.

35. Compensation for damages caused by violation of lien, Law No.7, 1994.

36. My opinion on the incidental civil action of insult and slander. Law 1987 No.3.

37. On quasi-communion, Law and Practice, No.4, 1995

38. Reply to the content and application of judicial interpretation of tort law. Law and Practice, No.3 and No.4, 1994.

39. Hoffman Calculation Method and Its Application Law and PracticeNo. 1987+0

40. On Debt Preservation, Law and Practice, No.2, 1990

4 1. Law and Practice on Juvenile Witness Qualification No.6, 1986

42. Proof Structure of Indirect Evidence Law and Practice No.5+0985

43. On the property agreed by husband and wife, Legal World, No.3, 1994.

44. On the Determination of the Scope of Joint Property of Husband and Wife, Law Journal, No.2, 1994.

45. On Partnership Disputes and Partnership Litigation, Journal of Yantai University, No.4, 1994.

46. On the general personality right and its civil law protection. Jifa 1995 No.2

47. On the historical development of foreign personality rights. Jifa 1995 No.4.

48. On Mortgage Infringement, Hebei Law No.5, 1994.

49. The content and application of judicial interpretation of normative tort law. Jifa 1994 No.2

50. On the tort liability of counselors, Hebei Law No.2, 199 1

5 1. Hoffman calculation method and Leibniz calculation method and their applications. Jifa 1990No. 1.

52. On the creditor's right to cancel, Ji Fa 3, 1990.

53. On the compensation for reputation damage affecting marriage. Jifa 1988 No.6.

54. On compensation for personality damage, Ji Fa 6, 1987.

55. Regarding the evidence system, Jifa 1986 and Jifa 1.

56. On the Proof Methods of Indirect Evidence, Hebei Law No.2, 1985.

57. On postal infringement, Contemporary Law 1988. 1.

58. On the employer's liability for compensation. Contemporary Law No.3, 1987.

59. On Tort Liability, Political Science and Law SeriesNo. 1990.

60. On the substance of China's special laws and regulations on tort. Series of political science and law. 1988,No. 1.

6 1. Research on some problems of special tort law. No.2 series of politics and law 1988.

62. On the Civil Liability of the Inquisitioner,No. 1987 andNo. 1-2 of the Political and Legal Series.

63. Several Issues on the Right of Claim for Tort Damage, No.3 of the Series of Political Science and Law 1986.

64. On the Development and Changes of the Constitution of Criminal Law in Recent Years,No. 1986 of the Series of Political Science and Law.

65. Division of Joint Property of Husband and Wife (I) Min Shen 1994 No.3.

66. Division of the Joint Property of Husband and Wife (II), Fujian Trial No.4, 1994.

67. On the Determination and Change of the Only Child Health Care Fee, Chuanshen No.2, 1994.

68. On the relationship of child support after divorce and its changes. Ganshen No.2, 1994

69. On the qualification of minor witnesses, Zhejiang Law No.3, 1986.

70. On the Risk Responsibility of Citizens' Job-hopping by Helping Workers, No.2 Research on Politics and Law, 1987.

7 1. On the nature of damages in public security punishment People's Public Security 1986No. 1 1.

72. How to calculate the value of Property Loss Law Quarterly No.3 1986?

73. Analysis of Common Errors in Writing Judgments, Judicial Documents and Official Documents, No.6, 1987.

74. Common punctuation errors in writing judgments, judicial documents and official documents,No. 1986,No. 1, No.2.

75. Reading about the writing of judgment documents, judicial documents and official documents, No.2, 1985.

76. Writing about criminal judgment's Reasons, Learning and Counseling, No.9, 1988.

77. the Supreme People's Court's theoretical explanation on the reply of whether the bank shall bear civil liability for the loss of depositors caused by the bank staff's failure to report the loss as required.

The author's portfolio, episode 65438 +0

78. On the civil legal status of individual partnership in China. The author's collection of works. 1.

79. On the infringement of women's personality right and its legal protection methods. Author collection, 1.

80. Research on ancient tort law in China, author collection,No. 1 collection.

8 1. A Preliminary Study on the Compensation System for Tort Damage in Tang Dynasty, Collection of Authors, 1.

82. On the Compensation System for Tort Damage, Collected Works of the Author,No. 1 set.

83. New Features and Countermeasures of Current Debt Cases, Collected Works of the Author,no. 1 set.

84. About the establishment of the people's court information system, author collection, 1.

85. Comment on the Judicial Interpretation of Private Lending Debt, Collected Works of the Author, Episode 2.

86. Guarantor's guarantee responsibility when the main contract remains unchanged. A collection of writers, episode 2.

87. The Nature and Countermeasures of Lottery Disputes, Collected Works of the Author, Episode 2.

88 "The Nature and Legal Liability of Savings Deposit Loss" and "Interpretation of Several Issues in Civil Trial"

89. Indirect victims of violations of the right to life and their damages, author collection, episode 2.

90. Citizen's Right to Name and Its Protection in Civil Law, Collection of Writers, Episode 2.

9 1. Research on Tort Compensation for Victims of Property Crimes, Collected Works, Episode 2.

92. Relevant Issues Concerning the Application of Procedural Law in Infringement Cases, the second collection of Collected Works of the Author.

93. Opinions on Amending the Judicial Interpretation of the General Principles of Civil Law, in the second set of Collected Works of the Author.

94. The historical evolution of his real right and the reconstruction of his real right system in China. Collected works of the author, volume 3.

95. On Communion, Collected Works of the Author, Episode 3.

96. On Share by Share, Collected Works of the Author, Episode 3.

97. On the Joint Property of Husband and Wife, Collection of Writers, Episode 3.

98. Social and economic development and civil law protection of personal rights. Journal of Central School of Political Science and Law Management, No.6, 1995.

99. "On the acquisitive prescription system" and "Collected Works of the Author", episode 3.

100. Re-discussion on the composition and elements of civil liability for infringement.

10 1. Several problems about compensation for mental damage, judicial countermeasures for difficult civil disputes, episode 2.

102. procedural law of special tort law, judicial countermeasures for difficult civil disputes, episode 2.

103. On the infringement of property possession and damages, author set, episode 3.

104. On compensation for mental damage caused by infringement of spouse's rights, Collection of Writers, episode 3.

105. Several theoretical and practical problems in the trial of tort compensation cases. A collection of writers, episode 3.

106. the principle of liability for fault in contracting and its application, author set, episode 3.

107. On the principle of situation change, writers' collection, episode 3

108. On Major Misunderstandings, Collected Writers, Episode 3

109. Several practical problems about investigating and handling civil administrative protest cases, author set, episode 3.

1 10. On the role of procuratorial organs in the protection of state-owned assets. Journal of Central Prosecutor Management College 1996No. 1.

1 1 1. On Judicial Interpretation, Collected Works of the Author, Episode 3

1 12. On the legal status of children born by artificial insemination, author set, episode 3.

1 13. On the Liability for Compensation of Medical Accidents and Its Handling Rules, author set, episode 4.

1 14. On the responsibility of road traffic accident compensation and its handling rules, collected works, episode 4.

1 15. On the duty infringement of state organs and their staff, author set, episode 4.

1 16. On product tort liability, author set, episode 4.

1 17. on the liability for compensation for high and low dangerous operations, anthology, episode 4.

1 18. research on environmental pollution responsibility, author set, episode 4.

1 19. About the responsibility of damage caused by underground work, author set, episode 4.

120. On the responsibility of returning buildings and other ground objects, author set, episode 4.

12 1. On the Responsibility of Animals for Damage, Collection of Authors, Episode 4.

122. On the Tort Liability of Legal Agents, Collection of Authors, Episode 4

123. on the liability for damages of legal person employees, author set, episode 4.

124. On joint tort liability, author set, episode 4.

125. On mixed negligence and negligence of infringement, author set, episode 4.

126. on the legal relationship and compensation rules of tort damages, author set, episode 4.

127. On the general personality right and its civil law protection. Jifa 1995No. 1.

128. Social and economic development and personal law protection for all. Journal of Central Institute of Political Science and Law Cadre Management,No. 1996.

129. Historical development of personality rights abroad, collection of writers' works, episode 4.

130. On Credit Right and Its Protection in Civil Law, Volume 4 of Complete Works of Writers.

13 1. On the legal nature of the corpse and its civil law protection.

132. research on China's right to identity, author set, episode 4.

133. On Parents' Rights, Collection of Writers, Episode 4

134. On the right of honor and its liability for damages.

135. Some theoretical and practical problems of deposit, author set, episode 4.

136. "Some General Questions about Lian" and "Collected Works of Authors" Episode 4

137. research on the establishment of lien, author set, episode 4.

138. research on the effectiveness of lien, author set, episode 4.

139. research on the causes of lien extinction, author set, episode 4.

140. understanding and application of the basic principles of the new contract law, author collection, episode 5.

14 1. Understanding and application of the preservation of contractual creditor's rights stipulated in the new contract law, author set, episode 5.

142. Understanding and application of the right of defense of bilateral contracts in the new contract law. Writers' Collection, Episode 5.

143. Basic opinions on the revision of the "Contract Law" (draft) at the expert forum held by the Law Committee of the National People's Congress, author collection, episode 5.

144. Reflection on the phenomenon of Wang Hai. Lawyer China,No. 1997.

145. On service fraud, author set, episode 5.

146. On reward advertisements, writers, episode 5.

147. On the infringement of creditor's rights, the fifth set of Writers.

148. On tort and its liability in multiple transactions.

149. Calculation of damages caused by several reasons. Tonghua Shen No.3, 1998.

150. On Three Hot Issues in Tort Law Research

15 1. On the compensation system of personal injury consolation money, author set, episode 5.

152. On the right of identity and its protection in civil law, the complete works of writers, episode 5.

153. On bona fide acquisition in ordinary real estate. Legal Studies 1998.

154. on the development of civil administrative procuratorial work in new China. 1998.

155. How to deal with the faithful obligation of husband and wife in the revision of family marriage law? Writers' Collection, Episode 5.

156. protest conditions in new administrative cases, author collection, episode 5.

157. Translate the Non-repudiation Principle and Indirect Forwarding of Confirmations in Partnership Law and Judicial Countermeasures for Difficult Civil Disputes, Episode 2.

158. translation of civil liability of American judges, judicial countermeasures for difficult civil disputes, episode 2