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Lecture 26 of Luojia Civil and Commercial Law Forum—“On the Legislative Technique of Personality Rights Part in the Civil Code”was Held

On 29 November 2020 , Lecture 26 of Luojia Civil and Commercial Law Forum—“On the Legislative Technique of Personality Rights Part in the Civil Code” was held. Prof. Shi Jiayou, Executive Director of the Research Centre for Civil and Commercial Sciences of Renmin University of China and PhD supervisor, was invited to give the lecture. The lecture was hosted by Prof. Zhang Shanbin of Wuhan University Law School, with the participation of Prof. Wen Shiyang and Prof. Ma Changhua of Zhongnan University of Economics and Law School, Prof. Zhang Suhua and Prof. Wu Yiwen of Wuhan University Law School.

Prof. Zhang Shanbin extended a warm welcome to Prof. Shi Jiayou and all the professors, and introduced Prof. Shi's academic background, achievements and his outstanding contribution to the codification of the Civil Code.

                                             


Prof. Shi Jiayou, with the theme of "Review of the Legislative Technique of the Personality Rights Part of the Civil Code", discussed the structural arrangement, conceptual terminology and drafting style, the normative configuration, and the relationship between the Personality Rights Part and individual laws. Prof. Shi believed that this Part is quite innovative in legislative technique and reflecting the prudent and steady, even slightly conservative style of the legislator, but the legislative technique of some of the articles is a bit rudimentary and the relationship with the separate law is rather complicated.

In the following session, Prof. Wen Shiyang, Prof. Ma Changhua, Prof. Zhang Suhua and Prof. Zhang Shanbin exchanged views on the topic of the forum. Prof. Wen considered that the legislative techniques of the Personality Right codification are still not mature enough and the quality of the legislation needs to be critically assessed. Prof. Ma considered that the interface between the Personality Rights Part and existing laws, and the legislative technicalities of the Personality Rights Part are worth exploring. Prof. Zhang Suhua commented on the normative system of personality rights, the interface between public law and private law, the application of the Personality Rights Part, and the exercise of personality rights. Prof. Zhang Shanbin expressed his views on the protection of rights and interests, as well as on the question of whether personality rights can be made a separate part and whether the general rules can be applied.

During the Q&A session, Prof. Shi answered students' questions in detail. The lecture ended with a round of applause.


Edited by Yuan Yuhang & Wu Liuqing