Symposium on the Impact of the Civil Code on the Construction Industry Successfully Held in Nanning, Guangxi
Time:
2020-12-22
Author:
Source:
Guangxi Tongwang Law Firm
Visits:
28
On December 21st, the seminar on "The Impact of the Implementation of the Civil Code on the Construction Industry", co-sponsored by the Legal Service Working Committee of China Construction Industry Association, Construction Times, and Guangxi Construction Industry Federation, and co-organized by Guangxi Tongwang Law Firm, Guangxi Construction Legal Research Association, Guangxi Tongwang Applied Legal Research Institute, and Guangxi Construction Engineering Group Fifth Construction Engineering Co., Ltd., was grandly held in Nanning, Guangxi.
Chen Taixiang, Executive Vice President and Secretary-General of the Legal Service Working Committee of China Construction Industry Association, Meng Qinguo, Vice President of the China Civil Law Research Association, Yu Kaikai and Huang Qiangguang, Vice Presidents of the Legal Service Working Committee of China Construction Industry Association, Sun Xiancheng, Deputy Secretary-General, and more than 260 experts, scholars, judges, lawyers, senior executives and legal counsel of construction enterprises from the national construction engineering legal theory and practice circles attended the seminar. Wei Jun, member of the Party Group, Vice President of Guangxi Law Society, and President of Guangxi Legal Daily, Huang Dayou, President of Guangxi Construction Industry Federation, and Huang Caiji, Vice President of Guangxi Bar Association, attended the meeting and delivered speeches.

After the opening ceremony, which began at about 9:00 a.m., Chen Taixiang, Executive Vice President and Secretary-General of the Legal Service Working Committee of China Construction Industry Association, first delivered a speech entitled "Several Issues of Urgent Concern for Legal Affairs of Construction Enterprises under the New Situation". Chen Taixiang pointed out that since the beginning of this year, the epidemic has brought a major impact on the global economy, and the transformation and upgrading of the construction industry's production mode has been accelerated by the industrial structure change and the application of new technologies; at the same time, with the continuous deepening of the comprehensive rule of law, the construction of enterprise rule of law has become an important guarantee for enterprise development, and the new development situation has provided new opportunities and challenges for construction enterprises. In particular, the Fifth Plenary Session of the 19th CPC Central Committee proposed in October this year that by 2035, "the national governance system and governance capacity should be basically modernized, and the country, the government and the society should be basically built into a country under the rule of law"; on November 16, 2020, the central government held a meeting on the comprehensive rule of law, and General Secretary Xi Jinping attended the meeting and delivered an important speech, putting forward 11 requirements; in the recently released "Implementation Outline for the Construction of a Society under the Rule of Law (2020-2025)", it is proposed to "widely carry out the rule of law in the industry, promote the improvement of business standards and procedures, ensure that legal compliance review is in place, prevent and resolve risks in a timely manner, and effectively supervise the rule of law governance methods." All of this shows that China is in a new era of promoting the comprehensive rule of law, and as an important part of the socialist market economy, construction enterprises need to follow the rule of law and practice the development requirements of governing enterprises according to law, so that the rule of law thinking can take root in enterprises.
Chen Taixiang requested that the legal affairs of construction enterprises should strengthen the judgment of political and legal affairs and risk identification, promote the strategic development of the construction of the rule of law, improve the system and management system construction, enhance the talent system and business support, enhance the risk prevention and control in key and difficult areas, broaden the moat of intellectual property management, focus on reducing the stock of disputes and cases, and actively provide strong support for the high-quality development of construction enterprises; The Legal Service Working Committee of China Construction Industry Association, as a branch of China Construction Industry Association, should take "providing legal support for the industry and promoting the healthy development of the industry" as its purpose, base itself on industry practice, and focus on "expanding influence, expanding business, serving the industry, and promoting legislation" as its guiding ideology, and provide five aspects of professional support and services for the development of the industry: First, it is necessary to provide authoritative legal consulting services within the industry; second, it is necessary to provide high-quality and efficient dispute resolution services in the construction industry; third, it is necessary to provide fair arbitration services in the industry; fourth, it is necessary to provide forward-looking training services in the industry; and fifth, it is necessary to provide legal publicity with dissemination power in the industry.

Pictured is Chen Taixiang delivering a speech
Then, Meng Qinguo, Vice President of China Civil Law Research Association, Professor of Law School of Wuhan University, and doctoral supervisor, gave a special lecture on "Changes and Significance of Security Rights in the Civil Code". Professor Meng Qinguo took a broad view and proposed that security rights should be understood as "rights of security objects", and its essence is the right of priority to be compensated, not the right of property in the traditional sense, but only the view that it is "temporarily housed in the property rights chapter of the Civil Code". It pointed out that the revision of security rights has both fundamental changes at the system level and detailed improvements at the operational level, which will play an important positive role in maintaining transaction order and promoting transaction development. In addition, Professor Meng Qinguo also explained the legislative purpose and understanding and application of the relevant key clauses of the security rights of the Civil Code in a simple way. In the 1-hour and 30-minute lecture, Professor Meng Qinguo's style as a "national teaching master" remained the same, and the audience listened quietly and attentively.

Pictured is Meng Qinguo lecturing
The afternoon was still packed. Wang Xianwei, Dean of Shenzhen Construction Engineering International Arbitration Court, gave a speech on "The Role and Impact of Law + Cost on the Construction Industry", Huang Qiangguang, Vice President of the Legal Service Working Committee of China Construction Industry Association and Professor of Guangxi University Law School, gave a speech on "Legal Observation and Thinking on the Reform of Construction Project Cost", and Yu Wei, Researcher of Economic Law Research Institute of Zhejiang University of Technology and Executive Director of Zhejiang Law Society Engineering Construction Law Research Association, gave a speech on "The Special Nature and Improvement of the Rule of Invalid Discount Compensation for Construction Project Contracts".



Pictured are Wang Xianwei, Huang Qiangguang, and Yu Wei giving speeches
In the second half, Chen Yong, President of Guangxi Construction Legal Research Association and Executive General Manager of Guangxi Construction Engineering Group Fifth Construction Company, gave a speech on "Compliance Management and Development of Construction Enterprises under the Background of the Civil Code", and Wei Di, National Top Ten General Counsel and Vice President of Zhejiang Law Society Engineering Construction Law Research Association, gave a speech on "Legal Risk Management of Construction Enterprises from the Perspective of the Civil Code and Judicial Interpretation II of Construction Projects".


Pictured are Chen Yong and Wei Di giving speeches
After listening to the 4-hour guest speeches, the participants felt that they had not had enough, and Chen Taixiang, Yu Kaikai, Yu Wei, Chen Yong, Wei Di, Huang Qiangguang and others conducted an in-depth exchange and discussion on contract validity, project price settlement and other issues for 50 minutes.



Pictured is the exchange scene
This seminar also received more than 200 professional papers from all over the country. After screening, the conference compiled more than 30 excellent papers into a book and distributed them as gifts.
Chen Taixiang said in the summary stage that this seminar was smooth and orderly, with clear themes, rich content, and the theoretical height, breadth of vision, and judicial practical skills were all in place, which was a very rare exchange event for engineering lawyers.
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