Civil and Commercial Law

Chen Benhan

I. Brief Biographical Detail

Chen Benhan studied law at Wuhan University from 1981 to 1985 and obtained a bachelor's degree in law. From 1988 to 1991, he graduated from Wuhan University with a master's degree in civil and commercial law. From 1995 to 2001, he studied at Wuhan University and got a doctorate in law in international private law. He graduated from the school in 1985 and has served as a teaching assistant, lecturer, associate professor and professor. He is currently a professor at Wuhan University and a doctoral tutor for civil and commercial law at the School of Law.

During his tenure, he successively published 10 academic works such as the Comparative Study of the Security Interests Law, the General Law of the Guarantee Law, the Property Law, and the New Theory of Commercial Law. In the Chinese authoritative and core journals such as Chinese Legal Science, Studies in Law and Business, Modern Law Science, Tsinghua University Law Journal, Legal Science, Law Review, Political Science and Law, and Social Science in Nanjing, he has published more than 50 academic papers. Some of the published results have won the Outstanding Scientific Research Achievement Award from the Ministry of Justice and the Chinese Law Society, and have been reprinted by the China Social Science Digest, the China Social Science Excellence "Civil and Commercial Law", Digest of Law Science and many well-known academic websites in China.

 

II. Professional Affiliations

Executive director of the Civil Law Research Association of the Chinese Law Society

Deputy director of the Hubei Provincial Civil Law Research Association

Director of the Hubei Provincial Law Society

Director of the Wuhan Law Society

Member of the Hubei Higher People's Court Expert Advisory Committee

Member of the Wuhan Intermediate People's Court Expert Advisory Committee.

 

III. Partial representative research results

1. Comparative Study of the Security Interests Law, Wuhan University Press, April 2003.

2. General Theory of Guaranty Law, Wuhan University Press November 1998.

3. Property Law (Second Edition), Fudan University Press, September 2014.

4. New Theory of Commercial Law (Second Edition), Wuhan University Press, October 2014.

5. A Research on the Legal Status of Animals, in Chinese Legal Science, No.6, 2002.

6. Rethinking the Movable Mortgage System (using the pseudonym "贲寒"), China Legal Science, No.2, 2003.

7.Recondering the System of Mortgage on Personal Property,  China Legal Science, 2004.

8. Legislative Positioning of Priority, in Chinese Legal Science, No.4, 2005.

9. Legislative Thinking on to Establish the System of Accessio in China, in Studies in Law and Business, No.4, 2018.

10. Re-discussion on the Determination of the Scope of the Object of Right Pledge, Legal Science, No.7, 2016.

11. A Review of the Publicity of Rights and Rights in China's Property Law, Legal Science, No. 8, 2014.

12. Legal Positioning of New Types of Guarantees, Tsinghua University Law Journal, No.2, 2014.

13. Improvement of China's Legacy Support Agreement System, Political Science and Law, No.6, 2014.

14. Discussion on the Issue of the Lease of Housing Leasing Rights, Political Science and Law, No.3, 2013.

15. Re-discussion on the Principle of Imputation of Fair Responsibility, Law Review, No.2, 2012.

16. Research on the Rules for the Application of Force Majeure of Tort Liability Law, in Modern Law Science, No.1, 2011.

17. Research on Directors' Duty of Care and Negligence of Directors, Tsinghua University Law Journal, No.2, 2011.

18. The Rightfulness of Habit in China's Civil Law System, Social Science in Nanjing, No.6, 2011.

19. Re-discussion on the statutory principle of property rights, Law Review, No.4, 2009.

20. Discussion on the Issue of General Creditor Pledge, in Law Review, No.4, 2006.

21. Legal Basis and Legislative Improvement of Contract Judgment Changes, Law Review, No.3, 2001.

22. Re-recognition of the subject of sale and purchase, Law Review, No.2, 2000.

23. Corporate Mortgage, Floating Mortgage and Improvement of China's Enterprise Guarantee System, Modern Law Science, No.4, 1998.

24. Review of the Issues Concerning the Exercise of Secured Claims in Bankruptcy Reorganization, Journal of Gansu University of Political Science and Law Institute, No.2, 2011.

25. Discussion on the Issue of Renewal of the Right to Use Residential Buildings, Journal of Yantai University, Philosophy and Social Science Edition, No.1, 2017.

26. The Formation of the Freedom of Contract in Roman Law and Its Impact on Later Law, Journal of Wuhan University, Philosophy and Social Science Edition, No.1, 1995.

 

IV. Writing awards and reprints

1. The Comparative Study of the Security Interests Law won the first prize of the First Outstanding Scientific Research Achievements of the Chinese Law Society (2005) and the third prize of the Second National Excellent Law Textbook and Scientific Research Achievements of the Ministry of Justice (2006).

2. The Property Law (Second Edition) won the second prize of the 4th China University Press Book Awards Excellent Textbook (2015).

3. Renewal of the right to use land for residential construction, Chinese Social Science Digest, No.6, 2017 (original text in Journal of Yantai University, Philosophy and Social Science Edition, No.1, 2017.

4. The Nature and Effectiveness of New Types of Guarantees, Digest of Law Science, No.4, 2015 (original text in Tsinghua University Law Journal, No.2, 2014).

5. Determination of the Legal Effect of New Types of Guarantee, People's Rule of Law, No.9, 2015 (original text in Tsinghua University Law Journal, No.2, 2014).

6. Review of the Method of Publicizing the Right to Pledge in the Real Right Law of China, China Social Science Excellence "Civil and Commercial Law", No.11, 2014 (original text in Legal Science, No. 8, 2014).

7. Legal Positioning of New Type of Guarantee, China Social Science Excellence "Civil and Commercial Law", No.6, 2014 (original text in Tsinghua University Law Journal, No.2, 2014).

8. Re-recognition of the subject of sale and purchase, China Social Science Excellence "Civil and Commercial Law", No.6, 2000 (original text in Law Review, No.2, 2000).

9. Legal Basis and Legislative Improvement of Contract Judgment Changes, China Social Science Excellence "Civil and Commercial Law", No.8, 2001 (original text in Law Review, No.3, 2001).

10. Corporate Mortgage, Floating Mortgage and Improvement of China's Enterprise Guarantee System, China Social Science Excellence "Civil and Commercial Law", No.10,1998 (original text in Modern Law Science, No.4, 1998).