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The Lecture "Law Application Techniques - Taking Law on Protection of Minors And the Law of Agency As Examples" was Successfully Held

Nov 9, 2020

On the evening of November 5, 2020, the Fourth Lecture of "New Horizon Overseas" lecture series offered by Civil, Commercial and Economic Law School, China University of Political Science and Law, "Law Application Techniques - Taking Law on Protection of Minors And the Law of Agency As Examples" was successfully held in the sixth lecture theatre of Changping campus. The speaker of the lecture is Professor Marco Haase, Director of the Sino-German Legal Cooperation Program of the German Agency for International Cooperation (GIZ). The lecture is chaired by Professor Liu Jifeng, Vice Dean of Civil, Commercial and Economic Law School. Associate Professor Wu Xiangxiang and Dr. Yu Chengyuan worked as the discussants and Associate Professor Ge Pingliang as the translator. The lecture was given in German.


(Vice Dean Liu Jifeng presiding over the lecture)


In the lecture, the speaker first made a brief introduction to the training objectives of German legal talents, the contents and key points of the two national examinations and the characteristics of German legal education.


(Lecture by Professor Marco Haase and translated by Associate Professor Ge Pingliang)


Then, citing Article 164 (1) of the German Civil Code as an example, Professor Marco Haase introduced that the structure of the article, stating that it is divided into the constitutive elements and legal consequences, then explained the legal subsumption skills, and specifically analyzed the thinking process from problems to general legal rules, application of rules to cases, and then to the results. He expounded the structure of the case analysis of German Civil Law in detail: First, asking questions in advance, that is, "who wants to get what from whom"; Second, what is the basis of seeking the basis of claim (in German: Anspruchsgrundlage); Third, the steps of examination, that is, whether the basis of claim is generated, whether the basis of claim is invalid and lost, and whether the basis of claim can be enforced.


(Associate Professor Wu Xiangxiang participating in the discussion)


After explaining the theory, the speaker showed the classic teaching cases, in which he quoted the relevant provisions of the German Civil Code for the commission agent right, the legal agent right and the law on minors, and compared it with the relevant provisions of the Chinese Civil Code.



(Dr. Yu Chengyuan participating in the discussion)


This lecture enabled students to have a deeper understanding of the law application techniques.