N. 4 – 2005 – CV
Xu
Guodong
(1)
Education LL.B.,
Southwest University of Political Sciences and Law, 1982; LL.M., Postgraduate
School of China University of Political Sciences and Law, 1987, J.D., Postgraduate
School of China Academy of Social Sciences, 1991; Participant of the perfecting
course of civil procedure organized by the Ministry of Justice of China 1983;
Participant of the course of contract law of U.S.A. 1985; Participant of the
perfecting course of Italian language in the University of Foreign Economy and
Trade 1993; Participant of the perfecting course of Roman law in I University of Rome 1995.
(2)
Position
held Lecturer of civil procedure of Law Department of Jiangxi University
1982-1984; Vice president of Graduate Union 1988; Lecturer and associated
professor of Economic Law Department at South Central University of Political
Sciences and Law 1992-1993; Professor promoted by breaking rule of seniority at
the same university 1994; Visiting scholar of Law Department of II University of Rome 1994-1997;
Vice chairman of Union of All Chinese Scholars in Italy 1996-1997; Director of
the Institute of Civil and Commercial Codes in South Central University of
Political Sciences and Law 1997-2000; Visiting scholar of Law Department of II University of Rome 1998;
Professor of Law School at Xiamen University 2000 to date; Tutor of the same
university for candidate of J.D 2001 to date; Director of Institute of Roman
law in the same law school 2000 to date; Editor in chief of the annual Roman law and modern civil law; Editor
in chief of Foreign Civil Code Translation Series 2000 to date; Fulbright
Visiting scholar of Law School of Columbia
University in New York 2002-2003.
(3)
Courses
taught and other services provided to students and the home institution Chair of the
courses of Contract law, of Civil law(general part), of Philosophy of civil
law, of Theory of codification, of Foreign civil and commercial law，of Roman private law，of History of Roman law; Lecturer of various conferences
about different themes made for the students.
(4) Publications
A. Books
1.
The Construction
on the Basic principles of Civil Law: the Overcoming of Drawbacks of Written
Law,
2.
The Debates about
the Trains of Thought for drawing up a Chinese Civil Code, Eds. Beijing, Publishing House of China University of
Political Sciences and Law, 2001.
3.
My Observations in
the Western World,
4.
Textbook of Civil
Law (coauthor)
5.
Chieses
Jurisprudence of Civil Law: Obligation (coauthor),
B. Articles
1. “Equity
and the Theories about Price and Value”, Social Sciences in
2. “The
Problem of Opposition and Unity between Objective Good Faith and Subjective
Good Faith: Focus on the Roman law”, Social Sciences in
3. “Influences
of Greek Philosophy over the Roman Law in the Later Republican Period:
Technique and Content”, Social Sciences in
4. “On
the Concept and its Historical Evolution of Good Faith Principle”, Cass
Journal of Law, 1989(4).
5. “The
Source of Civil Law Prescribed by the General Principles of Civil Law”,
Cass Journal of Law, 1991(1).
6. “The
Structure-function Model of Modern Civil Codes”, Cass Journal of Law,
1992(1).
7. “On
the Epistemological Basis of Future Civil Code of
8. “Civil
Society and Civil Law”, Cass Journal of Law, 1994(4).
9. “Civil
Code and the Control of Power”, Cass Journal of Law, 1995(1).
10. “The
Basic Structure of a Private Draft of Chinese Civil Code”, Cass Journal
of Law, 2000(1).
11. “Two Key Issues
Relating to the Bona Fide Doctrine”, Cass Journal of Law, 2002(4).
12. “An
Analysis on the Dealing Model of Drawbacks of Written Law”,
13. “Some
Issue about Stock and Bond”,
14. “A Re-study on Personal Relations”,
15. “On the
Application of Acquisition by Adverse Possession on Personal Law and Public
Law”,
16. “On the
Problem of Perfection of Legal System of Guardianship”, Journal of North
West Institute of Political Science and Law, 1987(2).
17. “On the Limits of
the Concept of Support”, Law Science 1989(1).
18. “Justinian and his
Legislative Cause”, Law Sciences, 1990(5).
19. “The
Various Values of Written Law and the Conflicts between Them”, Law
Science, 1992(1).
20. “Three
Attributes of Written Law: an Equilibrium of Right and Power”, Law
Science, 1993(5).
21. “The
Problem of Formation of Draft of Civil Code”, Law Science, 1998(4).
22. “The Ethiopia
Civil Code : a result of collision of two reform Enthusiasms”, Law
Science, 2002(2)
23. “Seriously Re-thinking of the Organizing Methods of the 4th Drafting of
Civil Code of PRC”,Law Science, 2003(5).
24. “Searching for the Lost Personality----from Rome, Germany, Countries of
Latin Law Family, the Soviet, Russia till China”, Law Science, 2004(6)
25. “On the Principle of
Prohibition of Abuse of Right”, Journal of
26. “On
the Right of Name of Business Entity”, Journal of
27. “On
the Sources of Civil Law”, Studies in Law and Business, 1994(6).
28. “Equality
and the Reform of the Constitution”, Studies in Law and Business,
1999(3).
29. “How Should We Consider the
Essence of Law today? ”, Studies in Law and Business, 1999(1).
30. “A Careful Analysis of the Greenness in the Green Civil Code Draft”, Studies in Law and Business,
2003(6).
31. “The Reconsideration about
Civil Law’s Object and it’s Method of Regulation”,
Jurisprudence, 1993(9).
32. “A Historical Study about
the Origin and Evolution of the View of Point of Civil Law of Commodity
Economy”, Jurisprudence, 2001(10).
33. “An Observation
of Paper of Prof. Zheng Chengsi for Polemic”, Jurisprudence, 2002(4).
34. “A Research on the Change in Defining Personal
Relationship”, Jurisprudence,
2002(6-7).
35. “Studies in Good
Faith by Medieval Jurists”, Legal
Science, 2004(6)
36. “The Harmonious Society and Civil Law”, Legal
Science, 2005(5).
37.“An Criticism to the Expressions and Wordings of Draft Law
on Real Rights”, Legal Science,
2005(8).
38. “The Freedom of Movement and
the Difference between City and Countryside”,
39. “On the Uncertainty of Basic
Principles of Civil Law”,
40. “Family, State and
Methodology: the Modern scholars vs. Morgan and Engels”, Peking
University Law Journal, 2002(1).
41. “
42. “The World Reflected by the Civil Code of
43. “The Problem of External
Debts of Latin American Countries: between Law, Economy, Politics and
Religion”, Civil and Commercial Law Review, 1996(5).
44. “Thesis of Law Science:
between Knowledge, Ignorance and Opinion”, Civil and Commercial Law
Review, 1998(11).
45. “The Interchanges of law
Sciences between
46. “Former Soviet Russian
Bloc’s Civil and Commercial Code and relative Legislations after East
Europe’s Revulsion: Legal History, the Structure of Civil and Commercial
Code, Problems of Property Right of Land and of State-owned Enterprise”,
Civil and Commercial Law Review, 2000(14).
47. “Two Trains of Thought about
the Drawing up Chinese Civil Code: Neo-Humanism vs. Substancesism”, Civil
and Commercial Law Review, 2001(20).
48. “The External Laws and Local
Laws during Law Evolvement in Various African Countries: the Dual or Trio
Variation of Native Law, Islamic Law and Western Law”, Transplanting
and Localization of Law, Legal Publishing House, 2001.
49. “How does Law Community of
China Walk up to World”? Modern Law Science 1997(4).
50. “On the Private Figure of
Humanity in Civil Law”, Journal of Social Science of
51. “A Brief History of Western
Legislative Thoughts and Legislations”, Journal of Comparative Law,
1992(1-3).
52. “Doctor and Professor: with
regard to the Legal Education in
53. “Egyptian Mode and Civil
Code of Algeria”,
54. “On Burgher”, Political Science and Law, 2002(4).
55. “Legal Science and
Linguistics”, English Legal Readers, Legal Publishing House, 1999(2).
56. Book Review, “Introduction of African Law”: a
Readers’ Satisfaction and Dissatisfaction”, West Asia and
57. Book Review, A Review about Principle of Good Faith and Equity of
Mr. He Xiaoyuan, Studies in
58. “The System of Transnational
laws of Roman People in Era of Titus Livius”, Journal of Xiamen
University (Arts and social Sciences), 2001(1).
59. “Socialism, Post-socialism
and Euroasiatic Solidarity: A Summary of Colloquia of Romanist of Central
Oriental European Countries and of
60. “From
1871’s Civil Code of Argentina to Draft of Civil Code of Argentina in
61. “A Criticism to
the Principal Errors of the Original Treaty of Roman Law of Mr. Zhounan: Focus on
its First Volume”, Law and Modern Civil
Law, Vol.2005.
62. “When did State Come into
Being”? Studies in Private Law, Vol. 1, 2001.
63、“Imperialism
and Historic Reality of Civil
Law”,
64. “The Name Issue
and the Conceptual History of Civil Law”, Journal of the
65. “Ms.Hu, Things and this Book—A Perface to Hu Xuemei’s Death
of Wrong –A Micro-comprative Study and Reflection on Tort law in
66. “My View on Asian Legal History and Western Perspectives on Asian”, Journal of
the
67. “What is Philosophy of Civil Law”, Journal of the East China University of Politics＆law, 2004(6).
68. “E-Method of E-times”, Legal Method and Legal Thought, 2002(1).
69. “Good Faith Doctrine in English-speaking World”,
Global Law Review,2004(fall).
70. “Studies on Ius
Quiritium”, Private Law Review, Vol.7, 2004.
71. “The White’s Statue of Liberty”, Teahouse for
Jurists , Vol.6, 2004.
72.“The Curriculum of Roman Law History between Chinese and
Foreign Teaching of Roman Law”, Journal of
73.“Two Institutes of the Green Civil Code”, Journal of
74. “Freedom of movement, Social
classes and legal equality”，Law Review of Philosophy of Law and Society, Vol.7, 2004.
75.“Public Notarization System and the Civil Code”,
Justice of
76.“Much Collection and few Reading”, Nanfang Weekly,
May 19, 2005.
77.“The Legal Position of Externally Fertilized
Embryo”, Law and Social Development, 2005( 5).
78.“Northern Expedition Revolution by the Visual Angle of
American Film: The Sand Pebbles”, Teahouse for Jurists, Vol. 8, 2005.
79.“Explaining Various
Meanings in Ius Gentium: The Reality and Ideals of
80. “A Comparative Analysis of the Four Chinese Translations
of Ⅶ Tables law”,
Seeking Truth, 2002(6).
81. “On the Process of Civil Codification”, People’s Court Daily, Apr.22,
2002.
82. “Roman-Law’s Education in
83.“Natural Law and the Theory of
Degeneration----Interpretation of I.2.1.11(PartⅡ)”, Journal of
84.“Motorcycle, Expectoration, Smoking and Addiction”,
Teahouse for Jurists, Vol.2.
85.“Civil Code under the Lonely Star----the Past, Present and Future of
Civil Code of Porto Rico”,
86. “Three Columns” or
“Parthenon”----Preface to the Draft of the Green Civil Code”, Journal of
87. “A Brief History of the Spread and Metamorphosis of the
French Civil Code Model”, Jurists
Review, 2004(2).
88. “The structures of three Major projects of civil code in
today’s
89、“La struttura basilare del
progetto di codice civile per
90、“Buona fede oggettiva e buona fede soggettiva nel diritto romano，Diritto e Storia,
2003(2)
91、“
92．“Buna-Credinta obiectiva si buna-credinta subiectiva in
dreptul roman，Ad honorem Ion Dogaru:Studii juridice alese,Editura All
Beck,2005
C.Translations
(a) Books
1.
Corbin on Contract (co-translator), Translated from English,
2.
Commercial Law in
3.
Select Translation
of Justinian’s Legislation: Juridical Act, Translated from Latin,
4.
Select Translation
of Justinian’s Legislation: Torts and Crime, Translated from Latin,
5.
Institute of
Justinian, Translated from Latin,
(b) Articles and Legislation
1. “On the Right to Privacy
in American law”, The Reference Data about American studies, 1989(11).
2. “An
3. “The Preface of Civil
Code of State of
4. Uniform Act of
Partnership of
5.“The Impact of Religion and Religion Rules to Roman
Law”, Translated from Italian, Study in Law and Business, 1996(3).
6. “The Civil Code of Andres
7. “From Status to Contract and the Status System in Roman
law”, Translated from Italian, Modern Law Science, 1997(6).
8.“Roman Constitution and Modern European
Constitutionalism”, Translated from Italian, Jurisprudence, 1998(4).
9.“The Civil Codification in the Italian States before the
Unity and the Italian 1865 Civil Code, Translated from Italian, Roman Law and
Modern Civil Law, Vol.1.
10.“The Development of Contract of Transportation from Roman
Law to Nowaday’s Italian Civil Code, Translated from Italian, Roman Law
and Modern Civil Law, Vol.1.
11.“The Aspects of Integration and Unification in
12.“The Characteristics of Basilici and Its Position in the
Byzantine Law and in the European Juridical Tradition, Translated from Italian,
Roman Law and Modern Civil Law, Vol.1.
13.“The Codification of Private Law in
14.“A Brief Description to legal
system of Land: From the foundation of Roma to the End of Republic”,
Translated from Italian, Roman law and Modern Civil Law, Vol.2.
15.“The Objective Good Faith in the Contract Law System in
16. “The Roman Law
Tradition as a Main Reason of the Everlasting
D.Publications in
Foreign Languages
(a). Articles
1.
“Freedom of Migration and Difference between City and Countryside”,
Translated in English by myself, Rechtstheorie, Beih.
2. “The
Basis of Theory about the Value in Doctrin of Laesio Enormis and the Problem of Intangible Thing of Chinese Civil
Law (La Base della Teoria sul Valore nella Dottrina della Laesio Enormis e Il
Problema delle Res Incorporales del Diritto Civil Cinese)”, Translated in
Italian by myself, NEWS EN GRAF.S.A, Lima, Peru’, 1999.
3. “The Religious Liberty in People’s Republic of China (La
liberta’ Religiosa di PRC)”, Translated by Yuri Gonzalez Roldan
into Spanish, Revista de Investigacion Juridica de la Escuela Libre de Derecho,
Mexico, D.F.1998.
4. “The Basic Structure of Draft of Civil Code for People’s
Republic of China of South-Central University of Political Sciences and Law and
the Institute of Gaius (La struttura basilare del progetto di codice civile per
la RPC dell’Università del Centro-Sud di Scienze Politiche e
Giurisprudenza di Wuhan e le Istituzioni di Gaio)”，In Rivista di scienze giuridiche, Craiova, Romania, No.17, 2000.
5. Buona fede oggettiva e
buona fede soggettiva nel diritto romano，In Diritto e Storia, No. 2.
6.
7.
The structures of three Major projects of civil
code in today’s China，Tulane
European and Civil Law Forum.，vol.19
8.
Buna-Credinta
obiectiva si buna-credinta subiectiva in dreptul roman，Ad honorem Ion Dogaru:Studii juridice alese,Editura All
Beck,2005
(b) Translations
1. “The Revival of Spirits of Roman Law in China (Il Risorgere dello
Spirito del Diritto Romano in Cina)”, Translated from Chineses into
Italian, Index, vol.24, Naples, Italy, 1996.
2.
“The relationship between the Civil Law of Taiwan and the Roman Law (I
Rapporti tra IL Diritto Civile di Taiwan e IL Diritto Romano)”, Translated
from Chinese into Italian, Index, vol, 24,
(5)Other
professional activities Member of the Editorial Committee of Foreign
Law library financed by Ford Foundation 1992 to 2005; Participant of the 17th
IVR (International Association for Philosophy and Social Philosophy) World
Congress in Bologna, Italy 1995; Participant of 10 th Latin American
Congress of Roman Law in Lima,Peru 1996; Participant of the 8th Colloquium
of Romanist of Central Oriental European Countries and of Italy in Vladivostok,
Russia 2000；Participant of the
International Congress Flaminio Mancaleoni and the Studies in Roman law in 19
th and 20 th Centuries in Sassari ,Italy 2001; Participant of
the 9th Colloquium of Romanist of Central Oriental European Countries
and of Asia in Novi Sad, Yugoslavia 2003；Participant of the Argentine National Congress of Civil Law
in Rosario, Argentina, 2003；Participant
of the International Congress of Civil Law and Roman Law in Mexico City, Mexico；Participant of the 10th Colloquium
of Romanist of Central Oriental European Countries and of Asia in Dushanbe,
Tajikistan 2005；
(6)Membership and
activities in professional association Standing Directors of China Association of Scholars in
Civil Law 2004 to date; Vice President of China Society for Researching Foreign
Legal History 2005 to date.
(7) Professional
honors, awards and fellowships Winner of
the awards of second class for excellent thesis issued two times by the
Association of Scholars in Civil and Economic Law of China 1992 and 1993;
Winner of the award of first class and second class for excellent scientific
research issued by South Central University of Political Sciences and Law 1990
and 1991;Winner of the award of third class for excellent works of social
sciences of national young scholar for the first competition 1994; Winner of
the prize nomination for excellent works of social sciences of national young
scholar for the second competition 1997; Winner of the award for excellent
thesis for commemorating the 100 th number of Cass Journal of Law 1995; Winner of the award of first
class for excellent juridical research results of 3rd competition in
Wuhan Municipality 1996; Winner for two times of the awards for excellent
thesis issued by the Ministry of Justice of China; ; Winner of the award of
first class for excellent thesis issued by group of experts for judgment of
China Society of Researching for Foreign Legal History 2001;Winner of the
Scholarship for excellent foreign students issued by the Municipality of Rome
1995; Winner of the prize for outstanding young jurist nomination awarded by
China Society of Law Sciences 1995; Winner of the honor title “hundred
excellent figures from ten kinds of works“ issued by the Ministry of
Justice of China 1997;Winner of honor title “excellent teacher”
issued by South Central University of Political Sciences and Law 1998; Winner
of allowance for outstanding expert of the State Council of China 1998; Winner
of the allowance for important position (second class) in Xiamen University
2000 to date; Winner of the award of second class for excellent thesis issued
by the Ministry of Justice 2002; Winner of the award of second class for
excellent thesis issued by the Ministry of Education 2002.
(8) Community
service Arbitrator
of the Arbitration Committee of Guangzhou Municipality 1997 to date.