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Lecture 8 of Luojia Law Lecture Hall –“In Defense of Not Adopting the Pandekten System for the Civil Code” was held


On December 11, 2020, the 9th lecture of the Luojia Law Lecture Hall was held at Wuhan University Law School. Prof. Xu Guodong, Distinguished Professor of Xiamen University Law School, Executive Director of the China Civil Law Society and Vice President of the China Foreign Legal History Research Association, was invited to give the lecture, which was hosted by Prof. Meng Qinguo of Wuhan University Law School, with Prof. Zhang Suhua and Prof. Zhang Hong as guest speakers. Prof. Zhang Shanbin and Prof. Ran Keping participated in the lecture.

                                       

     

Prof. Xu gave an overview of the origins of the Pandekten system and a comprehensive reflection on the various editions under the German Pandekten system. He argued that Jurisprudence as a social science should be distinguished from natural science. Although the Chinese Civil Code system is not perfect, it should not be subject to unwarranted criticism.

In the review session, Prof. Zhang Suhua argued that, firstly, legal research should draw from a wider range of intellectual material; and secondly, the current research of scholars needs to turn to the interpretation of the Civil Code. According to Prof. Zhang Hong, the Civil Code was developed in China over a long period of practical experience, and comparative law experience should only play an auxiliary role and is not a criterion for judging. During the Q&A session, Prof. Xu discussed "How law students study philosophy?" "Changes to Article 1087 of the Civil Code" and other questions were patiently answered.

In conclusion, Prof. Meng called on everyone to learn from Prof. Xu's research methods and also to learn to find material from broader, historical comparative law sources. The lecture came to an end with a round of applause.


Edited by Yuan Yuhang & Wu Liuqing