Professor Liang beliefs with action law practice

Professor Liang: Legal practice faith with action

2006 年 7 months, the Academy of Social Sciences published the first list of 47 academician, Professor Liang's name one of them.

Speaking of Professor Liang, who knew him thought he was a A graduate of the Chinese Academy of Social Law commented: learn basic theoretical research, is being recognized by a rigorous scholarship, legal experts and noble character.

Although the industry has a high evaluation of Professor Liang, but he prefer to call themselves He said:

meritorious: Foster fair, the banner of justice

as a civil law scholar, Professor Liang believes that fairness, justice, the value of the main objectives of the law is the law have become the most essential thing in law. Law Professor Liang

these ideas in his theory not only through research and teaching which is also reflected in his efforts to which our civil legislation. He believes that the essence of civil rights, especially in modern society, in building a socialist market economy today, civil and commercial legislation must adhere to the

from the early 90s of last century, Professor Liang participated in the program design and the .

academic, Professor Liang's He set his scholarship motto is He believes that civil law legal research, especially research eventually to solve practical problems, talk about social responsibility, academic research, scholars participate in legislation, the legislative proposals, must be responsible, not to have any hasty and arbitrary.

legislative requirements based on theoretical research, in 1993, when Professor Liang involved in the drafting of contract law, it already realized that contract law should be established to develop the future of property law. So, this year he applied for a Real Right Law of the project and set up a research group 9, for the development of theory of property law to do to prepare. After several years of property law on the basis of theoretical research, in October 1999, Professor Liang Property Law Task Force responsible for the Academy of Social Sciences, China completed the draft recommendations of the draft property law and legislative reasons for the book, and the published in early 2000. This is the first property law on the proposals of an expert, but also published the first proposals of the draft property law. Through the draft, Professor Liang to his legal thinking into the practice of property law legislation.

in property law draft, the legislation guiding principle is The emphasis is on, regardless of the nature of the means of production, only consider the legality of the acquisition of property and legal property should be treated the same, the same protection. This is one of the protection of ideas. Professor Liang think this idea with the market economy. That he was pleased that, in the end of 2006, the end of the Tenth NPC Standing Committee 25th meeting of the National People's Congress plenary session decided to submit the draft property law, adhere to all market players on the principle of equal protection, clearly states: , collective, private property rights and other rights holders of the property protected by law, no unit or individual shall not be violated.

from the proposed to the consideration of property law, has gone through a long process, surrounded by some of the principles of this law, but also caused much controversy. In this regard, Professor Liang from the initial puzzled, angry, and gradually calm down and self-reflection, self-examination he said: entrepreneurs in favor to lift the worries of ordinary people forget about the popularization of the knowledge of property law, the concept of universal property rights. In fact, property law for the poor,Coach handbags, the importance of ordinary people, far more than the rich. running calls on a variety of ways to clarify the misunderstanding and criticism of property law.

Professor Liang believes that property as the two most important civil rights (property rights and claims), one of which has two main features, namely, He explained: their own property, which is called direct control. Where do the boundaries of the right? on exclusive property rights.

Professor Liang and lectures on many occasions, have cited a case in point: the rule of law specializing in publicity,Wholesale shoes, in a front page newspaper has been published in a prominent position so that a picture news, the content is to enhance traffic management, to a public security organ of a roller crushed the 192 with the illegal operation of the Professor Liang said: Public security organs are crushed with a roller to, but also as an important news, as a positive experience to promote. This shows that our government, the media in dealing with the concept of property rights did not matter, does not protect the idea of ​​people's legitimate property, sub- What is unclear illegal acts, what is property law. act as illegal, his property is not necessarily illegal.

Professor Liang believes that the public and private rights between the boundaries is not determined by administrative law, but by private law to determine. Finalize the draft law, movable and immovable property That is legally owned by citizens and enterprises, Violated, we must assume liability. Therefore, the development of property law, property law through the publication and promotion, you can popularize the concept of private law, private rights concepts, can constrain the exercise of state power, to make our government truly by law.



Leader: Select a justice on the choice of law

in the judicial field, often have such an expert panel discussion will be. Is the case of a party invitation to discuss specific cases, some legal experts, and finally the formation of an While the To Professor Liang's reputation in legal circles, has a lot of people want him to experts will attend.

However, since 1994, Professor Liang to never participated in such experts will. Why make such a decision? Professor Liang to reporters about such a thing.

It was a day in early 1994, including a number of legal scholars, including Professor Liang was invited to a discussion by experts will discuss with the simple tort cases. The defendant only from materials provided by the organizers point of view, the fact is clear, most experts believe that the defendant should not be held responsible, Professor Liang was that the defendant should bear some of the tort liability, but liability can be reduced in accordance with relevant evidence. Finally, according to most expert opinion issued by an

Finally, this signed by numerous experts, the Is legal experts have judged wrong?

Later, by chance, the case plaintiff's counsel to Professor Liang about the case and the case showed him all the relevant material, Professor Liang to realize that, at that meeting by experts , the agent of the defendant did not attend the meeting of experts to some of the defendants clearly not material.

this matter Professor Liang was a big shock he felt cheated. Since then, he gave his set a After this ten years, been the case he was asked to sign the submission, you can get a lot of money in the amount of remuneration, he flatly refused. He said:

Professor Liang to their judge.

Professor Liang in communication with the judges also heard the The same case, the same legal experts, the plaintiff and defendant were the two comments submitted to the court completely at odds



in to the judges and college students, graduate lectures, Professor Liang often said: It can not be used to measure the value of money, because the choice of the law, chose to justice!

Liyan: the people's interests above all else

long-term commitment of civil law and legal education, Professor Liang, a few years ago to become the Tenth CPPCC National Committee. Professor Liang Since that is not a social activist, but a So for this new role he has his own understanding - members of political participation should play to their strengths, in their own fields full offer advice and suggestions. Or valued by our professional knowledge and social experience. So I hope that in the period as the CPPCC members can use their expertise to national laws and regulations to modify the formulation of suggestions, to play little role.

Professor Liang was not found in the discussion of draft laws in the CPPCC, which he can not understand a bit. Professor Liang believes that transcend the status of CPPCC members to help detect sensitivity of the issue and ask questions of objectivity. CPPCC galaxy of talent, is conducive to pre-legislative consultations in all sectors of society to absorb the wisdom of insight, so that the legislative process and content of the more democratic and scientific. He therefore suggested that, in important legal cases, especially with the social life is closely related to the process of drafting legal texts, shall be subject to discuss and propose amendments to the CPPCC.

Professor Liang is an honest legal scholar, also a vocal member of the CPPCC. During the tenth meeting, he presented the authority of the serious social problems. The causes of these problems is that Within the court system alone piecemeal reform, can not really solve the Must follow the requirements of the socialist market economic system, the existing judicial system to major reforms. To this end, he proposed the Court and the Supreme Court, President of the appointment and removal by the National People's Congress, the court personnel from local control served as President of the Court line) separation, the court solely on the referee, the implementation of the Justice Department return

reporter learned from the handling of the proposal, the current implementation of these recommendations there are still some difficulties, but members of the contractor sector Professor Liang Many of the contents of certain forward-looking, the future of China's further reform the judicial system has important reference value.

the Second Session of the Tenth CPPCC National Committee, Professor Liang Social community members at the joint meeting on the In this speech, Professor Liang clearly from a legal point of view: commercial land use shall not be collected by the state system.

Professor Liang members said that China's current problems surrounding the demolition of some of the contradictions and confrontations, the main crux is collected by the state abuse of the system. Countries collected by the state is forced to obtain the property of citizens. But can not be ignored is that citizens enjoy their lawful private property rights from infringement, if the citizens and legal persons to be charged were not just compensation has not been compensated or to become a free people deprived of their legitimate property, which not only violates the constitutional protection of the legitimate property of the basic principles, but also violated the legal property of the Government to protect the sacred duty of the people. Therefore, the use of national collection system must be strict conditions: first, must be for the purpose of public interests; Second, it must comply with statutory procedures; third, must be given fair compensation.

the so-called public interest refers to all members of society can enjoy the benefits, such as public parking lots, roads, public libraries, airports and so on. This sentence, Therefore, they are a

It is precisely because the purpose of confusing the public interest and commercial purposes, leading to our current collection system is being abused in the commercial development, and because standards are set very low compensation, which inevitably lead to contradictions and conflicts. In addition, the compensation price and at a very low land between the actual market price, there is a huge difference between the interest of space, many businesses and individuals to compete for the difference between the interests of competing for the right to determine land grant and the officials involved in bribery charge, which in turn the land grant and collection into a breeding hotbed of corruption, a serious impact on the party and the government's image among the people.

Professor Liang in his speech called for, in land acquisition, the need for If indeed the public interest for the land, collected by the state approach can be taken in accordance with legal procedures, fair and reasonable compensation to the relocatees, the proposed reference to the experience of developed countries to develop a Land on the commercial interests of the demolition, the government should quit. Compensation price,Nike shox shoes, compensation should be evicted as developers and subject to consultation with civil equality, can not reach an agreement by the court.

This is the CPPCC National Committee, Civil Law scholar Professor Liang. Regardless of his academic research, or suggestions of his argument, .

Source: People's Political Consultative Conference Report