On May 13, 2023, the 2023 Annual Academic Conference and General Meeting of the Jiangsu Provincial Law Society Legislative Research Association was held at the Durian Garden Hotel of Southeast University, hosted by the Jiangsu Provincial Law Society Legislative Research Association and organized by the Southeast University Law School, Jiangsu Boshioda Law Firm and the Jiangsu Provincial Local Legislation Research Base of Southeast University. From the Jiangsu Provincial People's Congress, Jiangsu Provincial High People's Court, the General Office of the CPC Jiangsu Provincial Committee, Jiangsu Provincial Law Society, Jiangsu Provincial Development and Reform Commission, Jiangsu Provincial Department of Education, Jiangsu Provincial Department of Justice, Nanjing Municipal People's Congress, Suzhou Municipal People's Congress, Nantong Municipal People's Congress, Lianyungang Municipal People's Congress, Zhenjiang Municipal People's Congress, Taizhou Municipal People's Congress, Suqian Municipal People's Congress, Zhuzhou Municipal People's Congress of Hunan Province, Nanjing Municipal Bureau of Justice, Suzhou Municipal Bureau of Justice, Huaian Municipal Bureau of Justice, Lianyungang Municipal Bureau of Justice Jiangsu Normal University, Changzhou University, Nantong University, Jiangsu Ocean University, Jiangsu University, Yangzhou University, Jiangsu Academy of Social Sciences, Party School of the CPC Jiangsu Provincial Committee, Jinling Institute of Science and Technology, Nanjing Tourism Vocational College, Jiangsu Urban and Rural Construction Vocational College, University of International Business and Economics, Anhui University of Finance and Economics, Hunan University of Technology, Nanjing Library and other leaders, experts and scholars from various universities and research institutions inside and outside the province, as well as More than 200 people attended the conference, including leaders, experts and scholars from various universities and research institutions inside and outside the province, as well as workers from Jiangsu Boshioda Law Firm and other practical departments. The theme of this conference is Practical Exploration and Theoretical Innovation of Local Legislation. The conference was divided into four sessions, including the general meeting, theme report, special report and closing ceremony.
General Meeting Session
Professor Ouyang Benqi, Dean of Southeast University College of Law, presided over the general meeting of the Institute. The general meeting was divided into the following sessions: President Meng Hongzhi reported on behalf of the first council and the preparations for the general meeting, voted to adopt the constitution, election methods and staff list of the Legislative Research Society, elected the second council and leadership team of the Society, read the approval of the establishment of the functional party branch of the Legislative Research Society of the Provincial Law Society, speech of the newly elected president of the Society and speeches of relevant leaders.
First of all, the first president, Prof. Meng Hongzhi, made a summary report on the work of the first council of the Legislative Research Society. President Meng Hongzhi said that since the establishment of the Association, it has always kept close to the main theme of the times, closely focused on the central task of the rule of law construction, to carry out academic activities, prosperous legal research, service rule of law practice, and promote the construction of the rule of law in Jiangsu as its responsibility, for the construction of strong, rich, beautiful and high To provide legal theoretical support and intellectual services for the construction of strong, rich, beautiful and high new Jiangsu. President Meng Hongzhi reported on the work of the last Legislative Research Society from five aspects: First, to continue to carry out academic research and promote the prosperity of jurisprudence, since its establishment, a series of high-end forums and small academic seminars on legal research; Second, to give full play to the platform think tank function, and actively serve the construction of Jiangsu rule of law, in-depth participation in various legislative research activities, and a series of legislative advisory services. Third, to actively expand cooperation channels, promote the integration of theory and practice, and constantly strengthen communication with party and government organs, universities and scientific research institutions to establish close cooperation; Fourth, to actively promote the transformation of research results and serve the cultivation of rule of law talents, members of the Research Council have undertaken more than 20 national and provincial and ministerial level projects, and published more than 20 monographs related to legislation; Fifth, to continuously strengthen the internal construction, enhance the service Fifthly, the Institute will continue to strengthen its internal construction, improve its service capacity and level, and improve the mechanism of rules of procedure for the President's meeting, the Executive Council and the annual meeting. After that, President Meng Hongzhi shared two experiences of the Institute since its establishment: firstly, high level of organization and coordination is the premise of the Institute's good operation, and secondly, high level of research and high quality service is the basis of the Institute's sustainable development. Finally, President Meng Hongzhi gave a report on the preparatory work for the renewal, focusing on the composition of the candidates for the second session of the Council and the establishment of a functional party branch of the Institute.
After that, the delegates voted for the second council, executive members and leadership team members of Jiangsu Legislative Research Association. Professor Meng Hongzhi of Southeast University Law School was elected as the president, 16 comrades including Shangguan Piliang were elected as the vice president, Li Yuxing was elected as the secretary-general, 58 comrades including Feng Fei were elected as the executive members, and 152 comrades including Diao Yi were elected as the members.
After the election, Prof. Liu Qichuan, Deputy Secretary of the Party Committee of Southeast University Law School, read out the approval of establishing the functional party branch of Jiangsu Provincial Law Society Legislative Studies on behalf of the Party Committee of Southeast University Law School.
Professor Meng Hongzhi, Director of Jiangsu Local Legislation Research Base of Southeast University and Southeast University Law School, delivered a speech as the newly elected president. President Meng Hongzhi firstly expressed his sincere thanks to all the units that gave great support to this meeting and all the guests who attended this meeting. Then, President Meng Hongzhi expressed three sentiments, firstly, he congratulated the newly elected directors and executive directors; secondly, he expressed his heartfelt thanks to the leaders, scholars and relevant comrades who have cared, supported and helped the Legislative Studies Society for a long time; finally, President Meng Hongzhi expressed his great responsibility, and he will continue to lead the Society to create a new situation of legislative studies under the guidance of Xi Jinping's thought of rule of law, and to do a good job under the leadership of the provincial law society. Finally, President Meng Hongzhi expressed his great responsibility, and he would continue to lead the research association to create a new situation of legislative research under the guidance of Xi Jinping's thought of rule of law, and to consciously do a good job of practicing the road of socialist rule of law with Chinese characteristics under the leadership of the provincial law society, and to contribute his wisdom to the local legislation and legislative research in Jiangsu. Mr. Meng Hongzhi called on all the newly elected members of the Legislative Research Association to work hard and make the Association a high-end think tank to serve the national and local legislative work.
Finally, Prof. Wu Gang, Standing Committee Member of the Party Committee and Executive Vice President of Southeast University, and Song Changjian, Secretary of the Party Group and Vice President of Jiangsu Law Society, delivered speeches respectively.
President Wu expressed his heartfelt thanks to all the units and leaders who gave great support to this conference, and introduced the long history of Southeast University and the development achievements of Southeast University Law School in recent years to the guests. President Wu emphasized the importance of good research on legislation and local legislation, pointing out that local legislation is an integral part of the socialist legal system with Chinese characteristics and has the dual functions of guaranteeing effective implementation of laws and promoting local economic and social development, and highly affirmed a series of important achievements and practical contributions made by the Legislative Research Society of the Provincial Law Society under the support of the university and the leadership of Professor Meng. President Wu expressed that on the occasion of the renewal, he hoped that the research association would do a good job of future development planning, closely focus on the theme of local legislation, give full play to the think-tank function of the research association, promote legal theory, rule of law practice and legal system innovation, and expect the research association to make greater contributions in serving the construction of Jiangsu rule of law and prosperous legal research. Finally, President Wu once again congratulated the successful holding of the conference and expressed his heartfelt thanks to all the units that gave support and assistance and all the guests who attended the conference.
President Song Changjian, entrusted by President Zhou Jiye of the Provincial Law Society, on behalf of the Jiangsu Provincial Law Society, warmly congratulated the conference and the newly elected president, vice presidents, executive directors and directors of the Research Society, and expressed his heartfelt thanks to the leaders, representatives, contractors and people from all walks of life who have long supported the work of the Provincial Law Society and the Research Society on Legislation. President Song fully affirmed the work of the Legislative Studies Society under the leadership of President Meng Hongzhi, and combined the report of the 20th Party Congress with the content of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era, and put forward three opinions on further improving the work of the Provincial Legislative Studies Society: First, to strengthen political construction, improve the political standing, to put the study and implementation of the spirit of the 20th Party Congress in the first place, and require the Society to speak from a political The second is to strengthen the investigation and research, and advise the legislative practice, emphasizing that the research should sink down, jump out, and be practical to better serve the needs of local legislation in Jiangsu; the third is to strengthen the leadership of party building, and improve the quality and efficiency of work, exploring the establishment of a mechanism and activities that meet the organizational characteristics of the research association and reflect the professional characteristics of jurisprudence. The third is to strengthen the leadership of party building, improve the quality and effectiveness of work, explore the establishment of operational mechanisms and activities that meet the characteristics of the organization and reflect the professional characteristics of the Institute, and promote the integration of party building and building development. Finally, on behalf of Jiangsu Law Society, Mr. Song wished the conference a complete success.
Keynote report session
The keynote report session was hosted by Han Zhenlong, Deputy Director of Jiangsu Provincial Department of Justice.
Comrade Wang Larsheng, Director of the Legal Affairs Committee of the 13th Jiangsu Provincial People's Congress, Deputy Secretary of the Sub-party Group of the Legal Affairs Committee of the 14th National People's Congress and Vice President of the Provincial Law Society, made a report entitled Interpretation of the Legislation of Jiangsu Administrative Procedures Regulations. He pointed out that the Administrative Procedure Regulations of Jiangsu Province, the first local regulations regulating administrative procedures in China, have been widely praised by the theoretical and practical circles, and have contributed five useful experiences to the future development of a unified administrative procedure law in China: first, constructing common rules of administrative procedures, focusing on the differentiated requirements of administrative procedures in different fields; second, based on China's national conditions, reflecting the successful experience of China's rule of law government construction; third, reflecting the characteristics of the times. Third, reflecting the characteristics of the times and promoting the organic integration of informationization and rule of law; fourth, highlighting the basic values and safeguarding the legitimate rights and interests of administrative counterparts; and fifth, drawing on overseas experience and the essence of traditional Chinese culture.
Professor Wang Chunye, Vice Dean of the Law School of Hohai University, gave a report entitled On the Legislation of Shenzhen Early Demonstration Zone of Socialism with Chinese Characteristics. First of all, the state has given Shenzhen early demonstration zone strategic positioning, Shenzhen ushered in a rare development opportunity, from the name, Shenzhen's development should be leading and benchmarking, from the preferential policies granted, many pilot policies are unprecedented, comprehensive and unprecedented. Secondly, even as a special economic zone that has enjoyed certain legislative authorization, the Shenzhen pilot demonstration zone still has the problem of narrower local legislative power and insufficient supply of legislative norms. Finally, the key to solve this problem is to increase the legislative authorization of Shenzhen, according to the characteristics of the Shenzhen pilot demonstration zone and the existing foundation, innovative legislative authorization, to adopt a list of batch legislative authorization, so that this new legislative authorization compared to the previous blank legislative authorization, general legislative authorization is more clear and large batch.
Professor Zhang Zhiyu, Vice Dean of School of Law and Politics of Nanjing University of Technology, gave a report entitled On the Theoretical Basis of Chinese Style Administrative Authorization. He pointed out that administrative authorization is common in local legislative practice, but the current theory of administrative authorization can hardly meet the practical needs, so it is urgent to clarify the theory of administrative authorization on the basis of China's constitutional system. He believes that administrative delegation can be divided into the creation of administrative power and the granting of administrative power, and the distinction between them is the prerequisite for correctly grasping the connotation of administrative delegation. The system of granting administrative power by the state includes legislative authorization and administrative authorization, which are complementary to each other; the form of China's unitary state structure determines that the administrative authorization-led model is more in line with China's national conditions. In addition, Prof. Zhang Zhiyu proposes that administrative authorization, as the legal basis for the growth of administrative organizations, can be freely applied only when the legislative authorization has not yet intervened.
Professor Li Liyan, vice dean of the School of Marxism of Hohai University, gave a lecture entitled The logic of cultural derivation of the concept of legislation for the people in socialism with Chinese characteristics. She pointed out that there are many expressions related to legislation for the people in the traditional Chinese legal culture, which are good legislation, to observe the national conditions, to observe the people's customs, to have a degree of law, and to make good law, to make the law lovers love the people, to have the right name and the right law ready, and to have the right name and the right thing fixed. Secondly, she analyzed the reasons for the emergence of the expression legislation for the people in traditional legal culture, which was influenced by the promotion of the progress of civilization, the idea of the unity of heaven and man, and the consideration of maintaining orthodoxy; secondly, Professor Li Liyan argued the logic of the fit between traditional Chinese legal culture and the Marxist view of the people; finally, Professor Li Liyan introduced the innovation and development of legislation for the people in socialism with Chinese characteristics.
In the commentary session, Prof. Liu Xiaobing, Director of the Institute of Legislative Research of Jinling Institute of Science and Technology, considered that Director Wang Lapsang's report had comprehensively interpreted the significance of the formulation and implementation of the Administrative Procedures Regulations of Jiangsu Province, and highly affirmed the exploration made by Jiangsu Province in the era of codification, which provided a non-contradictory, distinctive and operable Jiangsu solution for national legislation. At the same time, he believed that the regulations should be considered for implementation after enactment, paying attention to the application of the regulations and their benefits. Finally, he expressed his sincere thanks to Comrade Wang Lashang for his outstanding contribution to the local legislation work in Jiangsu Province.
Prof. Shangguan Piliang, Vice Dean of Wang Jian Law School of Soochow University, thought that Prof. Wang Chunye's paper could add a proper discussion on the legality and constitutionality of legislative authorization in terms of content, reflecting the spirit of legislating according to the constitution and law, in order to enhance the academic and contemporary nature of the paper. Prof. Li Liyan's thesis focuses on the current legislation from the traditional Chinese culture. Prof. Shangguan proposes whether the experience of the ancient Chinese system can be used to provide more feasible reference for the analysis of today's legislation, and adds the requirement of legislation shall reflect the will of the people in the introduction of the thesis in conjunction with the newly revised Legislative Law.
Li Chen, director of Beijing Dacheng Law Firm, believes that the report presented by Professor Zhang Zhiyu is ambitious and theoretical, and raises three issues: first, the problem of power flow, the difficulty of finding the real authority in the process of power flow, and the difficulty of finding the right to make legislation with the specific authority. The second is about the reasonableness of decentralization, whether the level of decentralization is reasonable and whether the grassroots organizations that take over the administrative power have the corresponding capacity; the third is about the administrative procedure. The third issue is about the administrative procedures. For the grassroots, the administration according to the law means the administration according to the procedures, and the ultimate solution of the problem still needs to return to the drafting and improvement of the procedural law. Director Li Chen further advocated that the legal profession should participate in the legislative process in an appropriate capacity and continuously strengthen the cooperation and communication with universities and research institutions.
After the keynote report, the annual meeting entered the special report session. The special report was divided into four units, and the special report (1) was hosted by Zhou Lianyong, director of Jiangsu Boshioda Law Firm.
Wang Yong, director of the Legal Committee of Suqian Municipal People's Congress Standing Committee, made a report entitled Building a new mechanism of democratic legislation to realize all-round legislation to listen to public opinion. He firstly introduced the initiatives of Suqian Municipal People's Congress to implement the concept of people's democracy in the whole process and establish a new mechanism of democratic legislation, and formulated the system of one method and four rules. Secondly, he believes that these initiatives are conducive to expanding the breadth of public participation in legislation, improving the depth of representative participation in legislation, enhancing the strength of legislative consultation and increasing the thickness of contact point participation in legislation. Finally, he believes that the system of one method and four rules is the unification of the Party's leadership and the will of the masses, the unification of the process and the result of democracy, the unification of the focus and the comprehensive launch, and the unification of the implementation of the mechanism and the construction of the four organs. The Suqian experience in realizing democratic legislation.
Li Qingqing, deputy director of the Legal Affairs Committee of the Standing Committee of Lianyungang Municipal People's Congress, made a report entitled Between the norm and the reality: the realistic obstacles and responses to the collaborative legislation of the municipalities set up by the district. He pointed out that the revised Local Organizations Law and the Legislative Law provided a formal legal basis for the municipalities to carry out collaborative legislation, but there were still many unclear issues regarding the provisions of collaborative legislation, and combined with the practical exploration of collaborative legislation in Lianyungang, he summarized the realistic obstacles for the municipalities to carry out collaborative legislation into five aspects: uneven level of regional development, unsound collaboration and communication mechanism, inadequate legislative planning, insufficient number of legislative projects, and inadequate response. The practical exploration of collaborative legislation in Lianyungang is summarized in five aspects: uneven level of regional development, inadequate coordination and communication mechanism, unsynchronized legislative planning, insufficient number of legislative projects, and poor collaboration among government departments. It is pointed out that problems in one part of the collaborative legislation will affect the overall promotion of collaborative legislation. In order to break the aforementioned obstacles, the municipalities should accurately choose the mode of collaborative legislation, grasp the key areas of collaborative legislation, build the working mechanism of collaborative legislation and enhance the capacity of collaborative legislation.
Zhang Feifei, Director of the Legislative Department of the Standing Committee of Taizhou Municipal People's Congress, made a report entitled Practice and Thinking of Promoting Small Cut and Small and Quick Legislation - Take <Taizhou City Pallet Field Protection Regulations> as an example. as an example. He pointed out that the current small cut small and quick legislation has the idea of seeking for big and complete in the legislative process and the lengthy procedure is not in line with the small and quick concept. The concept is not consistent with the weak legal drafting mechanism, the link between legislation and supervision is not close enough, the key matters are difficult to really implement and other issues. In this regard, he proposed to promote the small cut small and fast legislation from the small focus, to achieve a combination of small and fine; to start from the fast at the beginning, to do fast and slow unity; to spirit at the effort, to do with the establishment of the dovetail, to promote its standardization, normalization. In addition, it is also pointed out that the drafting of regulations should be combined with legislative supervision, and strive to small cut to solve the development of big problems, to small fast spirit to achieve the legislation as a big.
Associate Professor Zhang Jian, Dean of Changzhou University Shiliang Law School, made a report entitled Comprehensive Improvement of Small and Fast Legislative Practice. He pointed out that the first should pay attention to the three values of small and quick legislation, which is the concrete performance of implementing Xi Jinping's thought of rule of law, an important initiative to improve the legal normative system, and a vivid practice to respond to the needs of society for rule of law; the second should grasp The second should grasp the small and fast legislation of the three pairs of relationships, the relationship between local characteristics and the unity of the rule of law, the relationship between the form and content of legislation, the relationship between the body and the purpose; third should solve the small and fast legislation of the three problems, accurate screening of the entry point of legislation, rapid response to the social The third should solve the three problems of small and fast legislation, accurately identify the entry point of legislation, quickly respond to the needs of society, and truly meet the requirements of operability.
In the commentary session, Professor Yang Dengfeng of Southeast University Law School highly affirmed the article of Director Wang Yong, and considered that the article has three merits: first, it is very timely, as the Legislative Law revised this year has added the whole process of people's democracy as the basic principle of legislative work; second, it is concise, the article is rich in content and the views are clearly stated; third, it is practical, the article provides practical experience for local democratic legislation, and the whole process of people's democracy will definitely be realized in local legislation. The article provides practical experience for local democratic legislation, and the whole process of people's democracy can be well realized in local legislation.
According to Associate Professor Chen Daoying of Southeast University School of Law, Director Li Qingqing's paper on regional collaborative legislation fits the current hot spot of local legislation, and carries out a positive academic interaction between the practical community of local legislation and the theoretical community of legislative research. After providing the normative basis for collaborative legislation at the legislative level, local legislatures need to continuously accumulate experience in collaborative legislation in practice, and improve and refine the design of the collaborative legislation system in law. Professor Chen also believes that, with regard to the application of the three models of regional collaborative legislation, further in-depth studies can be made on the practical cases of these models by applying the method of big data analysis respectively.
Mr. Xia Kailaiyu, Director of the Economic Law Division of the Legislative Affairs Commission of the Standing Committee of the Jiangsu Provincial People's Congress, commented on the two reports of Director Zhang Feifei and President Zhang Jian on the small and fast legislative model. According to Mr. Xia, the report of Mr. Zhang Feifei combined local characteristics and provided guidance for the legislative work. President Zhang Jian's paper provided ideas for local people's congresses to promote the small and fast legislative model. Director Xia Kailai Yu proposed to study the small and fast legislative model in the context of the status of provincial legislation in the whole national legislative system.
The second presentation was hosted by Professor Xiao Zesheng from Nanjing University Law School.
Comrade Cui Liang, Deputy Secretary of the Party Group and Vice President of the People's Court of Siyang County, Jiangsu Province, made a report titled A Study on the Dilemma and the Path to Solve the Collaborative Legislation of Municipalities Set up by Districts - A Perspective on the Collaborative Legislation of Suqian and Xuzhou. President Cui Liang firstly pointed out that the cities set up with districts can save legislative resources, meet the cross-border needs of municipalities and resolve conflicts of interest through collaborative legislation according to the provisions of the Legislative Law. He expressed that the current regional collaborative legislation suffers from insufficient legislative experience, lack of standardized implementation mechanism and comprehensive post-legislative evaluation mechanism. Based on the above dilemma, President Cui Liang proposed three paths to solve the problem: first, to determine the concept of small and fast collaborative legislation; second, to establish and improve the collaborative legislation mechanism including information sharing, interest compensation and judicial promotion mechanism; third, to improve the post-legislative evaluation mechanism in terms of evaluation objects, evaluation subjects and evaluation standards.
Mr. Yu Wei from Jiangsu Boshioda Law Firm made a presentation entitled High-level Regional Collaborative Legislation to Promote Yangtze River Ecological Protection - An Example of Boshioda's Local Legislative Achievements. He firstly introduced the path and value of regional collaborative legislation, pointing out that the harmonious coexistence of man and nature is an important feature of Chinese modernization and an inherent requirement for the comprehensive construction of a socialist modern state; secondly, he clarified that the Yangtze River ecological protection legislation needs to deal with the relationship between water pollution prevention and control and the integration of the three waters, ecological protection and economic development; finally, he pointed out that in the regional collaborative legislative work of Yangtze River ecological protection, it should Finally, he pointed out that in the regional collaborative legislative work on the Yangtze River ecological protection, we should adhere to the guidance of Xi Jinping Thought on Ecological Civilization, promote high-quality development with high-level protection, improve the quality and effectiveness of legislation with regional collaborative legislation, and enhance the level of regional collaborative legislation with efficient cooperation.
Lu Rongjie, a doctoral student of Southeast University School of Law, gave a presentation entitled On the Legal Structure of the Three Rights of Government Data. She firstly introduced the background and significance of the right of government affairs data, and summarized the property rights model of government affairs data into the model of state ownership protection, contract protection and intellectual property protection. Based on the limited exclusivity and non-competitive nature of China's government data resources and the public interest needs behind them, the allocation of government data property rights needs to be presented as a complex property rights division design with strong external synergy, and believes that the ownership of government data should be vested in the government, the use right in the public and the benefit right in the state-owned enterprises.
Wang Jingwen, a doctoral student of Southeast University School of Law, gave a presentation entitled The Expansion of China's Pilot Free Trade Zone and the Improvement of Local Authorized Legislative System. He pointed out that with the development and expansion of China's pilot FTZs, the problem of rule of law construction in pilot zones has become increasingly prominent. He believes that the legislature where the pilot zone is located should be the authorized object and be granted greater legislative authority to provide targeted and high-level legislative regulation for the development of the pilot zone. The authorized local legislation should be mainly adaptable legislation, and take a matter of authorization of the fine authorization in order to address the innovation and relevance of the pilot area legislation.
In the commentary session, Professor Tang Shanpeng of Nanjing Normal University Law School affirmed Wang Jingwen's choice of topic, and his view of expanding the scope of authorized legislative subjects is in line with the development trend. At the same time, Prof. Tang believed that liberalizing the scope of authorized legislation might also lead to problems such as unfair legislation leading to disorderly competition, confusion of legislative authority and unclear authorization model.
Professor Zhang Fengzhen, vice dean of the Law School of Jiangsu Normal University, commented on The Legal Construction of the Three Rights of Government Data. Professor Zhang Fengzhen firstly affirmed that the topic of the article is a current academic hotspot, and considered that the article combined the problems caused by unclear property rights of government data, and proposed the theoretical basis and legal structure of the separation of powers. At the same time, Prof. Zhang Zhenfeng made the following comments: Firstly, the property rights of data elements have been clearly defined in the central document, and it is questionable to construct new three rights in the article; secondly, the article uses the concept of government data, and the distinction between other similar concepts such as public data needs more in-depth explanation.
Mr. Lu Xuelin, the director of the Second Division of Legislation of Jiangsu Provincial Department of Justice, commented on the reports of Mr. Yu Wei and President Cui Liang on regional collaborative legislation, and pointed out the problems of regional collaborative legislation with his own legislative practice. Thirdly, there is a complex game of interests in the work of regional cooperative legislation, which makes it difficult to start the work. In response to the above problems, Director Lu Xuelin emphasized the need to adhere to the principle of unification of the rule of law, uphold the concept of seeking common ground while reserving differences, and thoroughly implement the principle of regional integration proposed by the central government in the future collaborative legislative work.
The third presentation was hosted by Liu Ailong, Professor of Nanjing Audit University Law School.
Cao Guanguo, deputy director of the Legislative Affairs Committee of the Standing Committee of Zhuzhou Municipal People's Congress of Hunan Province, gave a presentation entitled Research on the Main Issues in Local Legislation on Public Security Video Image Information System. He first introduced the legislative background and status of public security video image information system. Secondly, he argued that the legislation on public safety video image information system is in line with the requirements of Xi Jinping's rule of law thought on safeguarding public safety, and also the needs of practice. Finally, he raised three problems in the practice of public safety video image information system legislation: first, the definition of public safety video image information system is not strict and accurate, how to accurately define and other problems; second, whether public safety video images are data government information and whether they need to be public; third, how to clearly delineate the scope of public safety video surveillance.
Associate Professor Wu Huan of Nanjing Normal University Law School gave a report entitled Analysis and Suggestions for Incorporating Casting a Firm Consciousness of Chinese National Community into the Law and Regulations. Associate Professor Wu Huan pointed out that the article was divided into three aspects: the basic situation, main features and deepening path of casting a firm sense of Chinese national community into the law and regulations. After that, Associate Professor Wu Huan briefly introduced the provisions of casting a firm sense of the Chinese national community in the current legal system, and pointed out that in terms of the number of laws, the time of laws, the fields of laws, and the legislative technology, the incorporation of casting a firm sense of the Chinese national community into laws and regulations still has a lot of improvement. There is still a lot of room for improvement. Associate Professor Wu Huan suggested to promote the incorporation of Casting the Consciousness of the Chinese National Community from the aspects of grasping the general requirements, improving the top-level design, exploring the basic legislation, making up for the shortcomings of the legislation, expanding the scope of the field, innovating the legislative technology, forming the rule of law cooperation, and strengthening theoretical research.
Wei Wensong, a post-doctoral fellow of Southeast University College of Law, gave a lecture entitled The codification of education law and the change of legislative model for the protection of citizens' right to education. Postdoctoral Fellow Wei presented the report from four aspects: the impact of codification of education law on the guarantee of the right to education, the normative investigation of the guarantee of the right to education under the decentralized legislative model, the integration of the substantive law of the guarantee of the right to education under the unified codification model, and the unified construction of the legal order of the guarantee of the right to education. He believes that, compared with the decentralized legislative model, the unified canonical model will realize the value connection with the normative connotation of the right to education and promote the formation of legal doctrine in the field of education, which will help promote the establishment of a unified pattern of legal order in the field of education and the protection of citizens' educational rights and interests.
Wu Teng, a doctoral student of Southeast University School of Law, made a presentation entitled Judicial Interpretation Model of the Vertical Configuration of the Legislative Power of Supervisory Organs. He pointed out that there are three models of vertical configuration of legislative power of state organs in China: administrative legislation model, military legislation model, and judicial interpretation model. Supervision legislation belongs to the central authority and has a sufficient normative basis, which requires central coordination of legislation in the process of supervisory system reform. The vertical configuration of the legislative power of the supervisory organs is not appropriate to authorize local supervisory committees to formulate supervisory regulations. In addition, the discipline inspection and supervision organs can implement party regulations through co-location to solve the problem of insufficient supply of norms for local supervisory committees.
In the commentary session, Professor Zeng Xianghua of Jiangnan University Law School expressed his agreement with Wu Teng's view on the adoption of the judicial interpretation model for the vertical configuration of the legislative power of the supervisory organs. However, Professor Zeng believes that there are two doubts in this view: First, the higher courts and intermediate courts in fact exercise the power of judicial interpretation, whether the same situation exists in the supervisory system; second, the reform of the supervisory system has given the supervisory organs strong supervisory power, but there is the problem of who will supervise the supervisors, and the article does not address the supervisory organs The article does not address the issue of supervision of vertical legislative power of the supervisory organs.
Professor Xiong Zhanglin, vice dean of Southeast University School of Law, said in the article Study on the Main Problems in Local Legislation of Public Security Video Image Information System that it is questionable to oppose the enumerative legislative approach in the article, and that the enumerative expression helps the people understand and apply the legal provisions. The people can understand and apply the legal provisions. In response to the article Analysis and Suggestions for Incorporating Casting the Consciousness of Chinese National Community into the Law and Regulations, Professor Xiong Zhanglin raised four problems: First, the connotation and scope of Chinese national community are not explained in the article; second, the consciousness of Chinese national community is not explained in the article; and second, the consciousness of Chinese national community is not explained in the article. Third, the scope of legal norms for the incorporation of Chinese national community into the law needs to be clarified; Fourth, from the perspective of the code-based legislative model, casting a firm Fourth, from the perspective of the code-based legislative model, the mode of incorporating the sense of Chinese national community into the law needs to be explored. In the article Codification of Education Law and the Change of Legislative Model for the Protection of Citizens' Right to Education, Prof. Xiong Zhanglin thinks that the time is not yet ripe for codification in the field of education, and the legislative research force engaged in the study of education law is not sufficient, and comments on the view that codification can help fill the legislative gaps in the article.
Professor Meng Woljie, Director of Modern Police Research Center of Jiangsu Police College, commented on the report of Director Cao Guanguo. Professor Meng Woljie firstly affirmed the thesis, saying that the thesis has strong contemporary significance, detailed and thorough theoretical arrangement, and focused argumentation. At the same time, Prof. Meng also pointed out some problems of the paper, the first is that it does not distinguish between the legislation on public security video image information system and the common problems in general local legislation; the second is the lack of legislative level in the part of countermeasure suggestions; the third is that the whole paper is focused on information technology security, but there is a problem of insufficient depth. In addition, Professor Meng Woljie raises a point of doubt about the main viewpoint of the article, namely, whether the collection of information by functional departments based on public security purposes will lead to information leakage and whether it is suspected of violating the higher law.
The fourth presentation was chaired by Zhang Chunli, a researcher from Jiangsu Academy of Social Sciences.
Dr. Bai Yunfeng, a special assistant researcher of Nanjing University Law School, gave a presentation entitled Emergency Administrative Liability Immunity: Institutional Evidence and Element Development. He argued that emergency administration is highly complex and unstable, and the behavior logic of law enforcers shifts from claiming credit to avoiding responsibility. The existing emergency administrative liability system focuses on objective attribution of responsibility, which leads to unfair liability and is not conducive to motivating law enforcement officers to actively perform emergency administrative duties. Dr. Bai believes that in emergency situations, the free will of public officials is compressed and the possibility of non-repudiation is reduced, so emergency administrative accountability should also take into account the changes in the administrative environment, and deduces that emergency administrative liability exemptions include emergency inability to act exemption and emergency good faith performance exemption The two types of exemptions are
Dr. Chun Liu, a lecturer in the College of Humanities and Social Development of Nanjing Agricultural University, gave a presentation entitled Systematization of Rules for Judging the Invalidity of Administrative Agreements. Dr. Chun Liu firstly expressed that the research topic of this paper is a traditional issue in the discipline of administrative law, but there are still urgent problems in the judgment rules of invalidation of administrative agreements, which need to be studied from three aspects. The paper firstly explains the current situation and problems of the rules for judging the invalidity of administrative agreements, and believes that there is a civil-administrative review model in judicial practice and a civil-administrative integration model in theoretical research; then, based on the legal status and fundamental nature of administrative agreements The theoretical basis for judging the invalidity of administrative agreements was analyzed; finally, the rules for judging the invalidity of administrative agreements were specified from the aspects of lack of contracting capacity, defective expression of intent, illegal content of the agreement and procedural violations.
Comrade Dou Kai, a judge of Nanjing Jiangbei New District People's Court, made a report entitled Research on the Identification Mechanism of Administrative Cases - Focusing on the Criteria, Methods and Paths of Identification. First of all, Judge Dou Kai pointed out that the main driving force of the research was the realistic demand of the contradiction between people and cases. In order to establish the innovative brand of centralized jurisdiction of administrative cases, according to the spirit of the relevant documents of the Supreme Court, the comprehensive launch of the administrative litigation work of the simple and complicated work. Through specific practice can be found in the administrative case screening is the soul and core of the work of simple and complex diversion, but because of the late start of the administrative litigation process, simple case identification mechanism is not perfect, there are vague identification standards, single method, random path and other issues. Therefore, she believes that in the process of optimizing the simple case identification mechanism, need to further clarify the identification criteria, innovative identification methods, standardize the identification path. After practical exploration, and with reference to the useful experience of civil cases, the three levels + six elements + the whole process administrative case identification mechanism was finally constructed.
Lv Zhongyuan, a doctoral student from the Law School of Hohai University, made a report entitled Research on the Legislative Improvement of the Rules of Priority Application of Purchase Price Security Right. He pointed out that floating mortgage provides financing channels for SMEs with insufficient assets but good credit standing, but the disadvantages of floating mortgage system are obvious in the complicated market environment. He argues that a system of purchase price security rights can effectively alleviate the related problems. Then, he analyzed the conditions of application of the purchase price security right from four perspectives: the subject of the right, the object of the right, the price of the collateral and the registration of the grace period, analyzed the reasons for its super-priority from the perspective of the priority of payment of the security right, and proposed legislative improvement for the priority application rules of the purchase price security right by describing the shortcomings of the ownership retention system.
In the commentary session, Mr. Xi Chao, director of Beijing Hengdu (Nanjing) Law Firm, commented on Dr. Bai Yunfeng's paper with his practical experience. Mr. Xi firstly affirmed the paper's view on administrative liability immunity in emergency situations and emphasized the practicality and importance of this issue with his practical experience. At the same time, Mr. Xi Chao supplemented how to enumerate the circumstances of administrative liability immunity in emergency and how to identify them.
Researcher Qian Ningfeng, director of the Institute of Law of Jiangsu Academy of Social Sciences, commented on the article Research on the legislative improvement of the rules of priority application of the security right of the purchase price. The researcher expressed his affirmation of the basic viewpoint of the article, but pointed out that individual views in the article were subject to discussion and further explanation. In addition, researcher Qian Ningfeng thinks that although the article is entitled Research on Legislative Improvement, the main content of the article shows that the article does not adopt the legislative theory but the interpretation theory, which needs to be further improved in the follow-up.
Senior Judge Zhang Songbo, Vice President of the Administrative Trial Division of Jiangsu High People's Court, commented on the reports of Judge Doukai and Dr. Liu Chun. He believed that the two reports are closely related to the actual work of the court and have a strong practical guidance. Judge Doukai took the short case identification mechanism of administrative cases as the starting point, and summarized an effective solution model for the problem of man-case contradiction in the trial management of administrative cases, which has been verified in concrete work. Dr. Liu Chun's report on Judgment of invalidity of administrative agreements is one of the key points in the judicial review of administrative agreements, which are both administrative and contractual in nature. The balance between the two and the identification criteria are issues that have yet to be clarified by the theoretical community. In addition, how to deal with the statutory authority in administrative agreements and what procedures should be followed in the signing of administrative agreements are issues that deserve further discussion.
Closing Session
The closing session was hosted by Associate Professor Li Yuxing from Southeast University Law School.
Professor Wang Chunye from the Law School of Hohai University read out the list of the award-winning papers, and the president and vice president of the research association presented the awards to each representative of the outstanding papers.
Finally, Prof. Meng Hongzhi, the president of the research association, made a concluding speech for the conference. President Meng Hongzhi highly evaluated the conference, and considered that the two major topics of the conference and the annual seminar were very successful, firstly, the work of the conference was rigorous and solid, meticulous, and the conference was a complete success; secondly, the conference was fruitful, with adequate preparation, rich content and wide participation, and a total of 95 papers were included in the conference; thirdly, the conference achieved the expected results, and the theoretical and practical sectors were closely integrated, fully demonstrating the latest achievements of local legislation Thirdly, the conference achieved the expected results, and the theoretical and practical sectors were closely integrated, fully demonstrating the latest achievements of local legislation research, especially the practical exploration and theoretical innovation of local legislation in Jiangsu. Finally, President Meng expressed his outlook on the work of the new research association and once again expressed his gratitude to all the leaders and experts who participated in and supported this conference.
At this point, the conference was successfully concluded.