On the afternoon of 30th October, the 22nd Southeast Law Young Teachers' Salon was successfully held in the Law Clinic on the 5th floor of the Law School. The salon was organised by the Young Teachers Committee of the Law School and the Civil and Commercial Law Department, with Associate Professor Ren Danli, Director of the Civil and Commercial Law Department of the Law School, as the moderator, and Professor Shan Pingji, Associate Dean of the Law School, Associate Professor Chen Yuling, Associate Professor Wang Weiling, Associate Professor Yang Jie, Associate Professor Yu Tao, Associate Professor Xu Minchuan, Associate Professor Wang Yuan, Associate Researcher Zhu Shanshan, Post-doctoral Fellow Hou Manmang, as well as other young teachers and students of the Law School, participating in the event. This event. Against the background of the ‘Interpretation of the Supreme People's Court on the Application of the Tort Liability Part of the Civil Code of the People's Republic of China (I)’, which came into effect on 27 September 2024, the salon discussed the ‘Systematic Application of the Tort Law’ and discussed the ‘Civil Code - Tort Liability Part’ and the ‘Tort Liability Part’ of the Civil Code. The salon explored the legal application of the Civil Code - Tort Liability, intellectual property law, civil subject system and product quality law.
In the keynote report session, Associate Professor Xu Minchuan took the topic of ‘Coordinated Determination of Copyright Infringement and Civil Tort’ to introduce the differences between copyright infringement and traditional civil law infringement in terms of rules and determination, and expounded the normative significance and interpretive value of coordinated determination of the two. He proposes a method to determine the equivalence or presumption of equivalence between copyright infringement and civil infringement in the elements of establishment of liability and assumption of liability, and points out the value-enhancing role of the ‘dichotomy of thought/expression’ in the adjudication of copyright infringement.
Associate Professor Wang Yuan made a systematic analysis of the theoretical validation of the right to claim compensation for foetal personal injury, the object of protection, the content of the right and its exercise, based on Article 16 of the Civil Code, Article 1155 and Article 4 of the Judicial Interpretation of the General Principles of the Civil Code, and focusing on the question of whether Article 16 of the Civil Code can be extended to the protection of foetal rights and interests, and the right to claim compensation for foetal personal injury. Dr HU Manman gave a presentation on ‘Medical Care’.
With the topic of ‘Determination of Medical Artificial Intelligence Product Defects’, Dr Hou Manman focused on the identification of the nature of medical artificial intelligence and the definition of responsibility, the dilemma of the application of the existing standards for judging product defects, as well as the allocation of the responsibility for proving product defects of medical artificial intelligence in the judicial adjudication, and provided an in-depth elaboration on the legal regulation of medical artificial intelligence from the perspective of product quality law.
In the seminar session, Professor Shan Pingji, Associate Professor Yang Jie, Associate Professor Wang Weiling, Associate Professor Chen Yuling, Associate Professor Yu Tao, Associate Researcher Zhu Shanshan, and other teachers focused on the relationship between illegality and fault elements of tort liability, the significance of the synergy between copyright infringement norms and civil law infringement norms, the difference between damages to personality rights and damages to identity rights, and the right to claim for compensation for foetal personal injury and the application of civil injunctive system, Academic paper problem consciousness condensing and writing framework construction and other issues were warmly discussed. The salon was a complete success.
Focusing on the theme of ‘Academic Year’ of Southeast University in 2024 and adhering to the tenet of ‘Academics First’, the Committee of Young Teachers Development of the School of Law has carried out a series of brand activities, such as ‘Southeast Law Young Academic Month’. The salon is a series of brand activities. This salon, as a young academic month activity of civil and commercial law, attracted the participation of teachers and students from various disciplines, such as constitutional law, administrative law, international law and engineering law, which provided useful support to fully stimulate the innovation vitality of teachers and students of the School of Law and improve their academic ability.
(Zhao Yi, Chen Xingxian)