研究金砖国家特色法治、创建“金砖国家法学会”
研究金砖国家特色法治、创建“金砖国家法学会”
赵宏瑞
Building BRICS LAW SOCIETY to Research BRICS New Law
BY Dean, Prof. Dr. Zhao Hongrui[1]
IN THE 3rd BRICS LEGAL FORUM IN NEW DELHI, INDIA, 20160911
Aiming at developing legal frameworks for building responsive, inclusive & collective solutions, THE 3rd BRICS LEGAL FORUM is including more than 200 legal men coming from BRICS and running at the India Habitat Centre from the 10th of Sept., 2016.
In Session I of September 11, 2016, the Dean, Prof. Dr. Zhao Hongrui coming from Harbin Institute of Technology(HIT) of China, as the first one representing Chinese scholars pointed out the BRICS unique legal characters beside the Western, and called upon establishing BRICS LAW SOCIETY to focus on 3 kinds of BRICS own transitional legal researches as follows.
1 BRICS needs their own LAW SOCIETY as a Think Tank
Nowadays the main world law schools including BRICS’ study and research western style laws, but BRICS need to find their own laws- researching targets to help their own social transition and economic growth. In this context all the law could be divided as “the old law” (the western law) and “the new law” (the BRICS law). The BRICS law should be emphasizing the rules and ways of emerging economies and their smooth connection with each other and with the whole world existing order.
If the BRICS law schools and legal scholars only discuss and research “the old law” but “the new law” or even could not find out what kinds of law are the key scope to the transition and growth of BRICS, then BRICS could not have their own legal think tank and could not deepen any solutions and cooperation, and then leave all the political strategies blank and non-executive.
So the legal research map in BRICS should have a steering turn to find and research “the new law”, and this task needs collective efforts from now, the 3rd BRICS LEGAL FORUM. The nowadays map could be shown as follows (graph I).
2 ROAD-MAP for Establishing BRICS LAW SOCIETY with 3 Characters
BRICS common legal issues must be based on the natures of transition and growth (for example, the open the door policies). The biggest problem is that we do not know each other in the domain of each domestic legal system.
I believe each domestic legal system includes high value legislations for the others, but unfortunately the legal men in BRICS are not familiar with each other and then they lack the common legal languages on “the new law”.
So, it is urgent and necessary to build up a common legal research society on “the new law”, the BRICS LAW. From the 1st Forum in Brazil, then the 2nd Forum in Shanghai, and now to this 3rd Forum in New Delhi of India, the common reorganization achieved in the legal field is to research BRICS finance and the dispute settlements between BRICS.
These could be called as 1.0 version or Step 1 for “the new law” research movement., and the 2.0 version or Step 2 for “the new law” research movement should be focusing on WTO-related law or “open the door law”. The 3.0 version or Step 3 for “the new law” research should be targeting on National security law, Cyber Security Law. In Chinese 229 laws legal system, there 6 scopes including the sovereignty laws, the regime (or governmental) laws, the criminal laws, the civil laws, the economic laws, and the social laws. The above-mentioned BRICS 3 versions legal researches are mainly located in the economic and the sovereignty scopes. Please see the graph II bellow.
3 BRICS LAW SOCIETY Deepens Solutions & Cooperation
All “the new law” thoughts of BRICS came from the BRICS’ wisdom, and the main task now is to share and exchange each other these wisdoms.
So the BRICS LAW SOCIETY proposed here is to build up the common legal exchanges think tank, and it must be one of the most useful think tanks within BRICS frameworks to help constructing the blue point of Responsive, Inclusive & Collective Solutions, which is highly coincide with the Chairpersonship’s main purpose of the 3rd BRICS Conference in India.
The causes to start up researchin the 2.0 version or Step 2 could be seen empirical from China Law evolution. Prof. Rui Mu of Peking Uni. (my tutor) invented “3 open-the-door-laws”: Sino-Foreign Joint Venture Law, Sino-Foreign Cooperative Enterprise Law, and the Foreign Investment Law.
These “3 open-the-door-laws” helped China to become the biggest FDI attracted country and the biggest Foreign Trade Volume Country. It could be said that these “3 open-the-door-laws” will similarly help the other transitional economy to become growth quickly, for example North Korea. If they would like to go the “open the door” way, I believe the“3 open-the-door-laws” would help them greatly.
Obviously, BRICS LAW SOCIETY as a legal think tank shall promote and deepen BRICS solutions and cooperation. It is an efficient bridge to help BRICS to go together for a better collective growth. Nearly I heard Russian Education Ministry has approved to establish a new discipline of “China law” as a brand new academic degree education. This news reminds me to remember Prof. Rui Mu, my tutor of Peking University (please see graph III), who is the first one in the first line in this graph. Let us know him as one of the BRICS legal wisdom, and let us exchange more and more legists in BRICS for a better tomorrow of the proposed BRICS LAW SOCIETY.
C.V. of Dean, Prof. Dr. Zhao Hongrui
of the law School of Harbin Institute of Technology（HIT）in China
n Personal Info.:
Prof. Dr. Zhao Hongrui；Male；Nationality: Man；Date of Birth: Nov.,1968；
Politics: China Democracy League Member； Academic Degree: PH.D.；
Connection at: The School of Law of Harbin Institute of Technology; Rm. 305, Yi Fu Bldg., No. 92, Xi Da Zhi Str., Harbin,150001, P.R. China
Tel: (+86)451-86402629,18610111881
E-mail: zhao-hongrui@163.com
n Career:
l Chaired or participated in China's first joint-stock reforms and financing movements of State-owned enterprises（1993.7-1994.6, China Chengxin securities evaluation limited company）；
l Led or participated in consultancy for Foreign Direct Investments in the manufacturing, high technology and culture industries(1994.7-1996.1, U.S. Haythe & Kerly Law Firm, Beijing Branch);
l Presided over consultant projects of China's economy "going overseas" and domestic infrastructure, financial, real estate industries (1996.6-2013.12, Beijing Law Firms, such as Zhong-Sheng, Li-He, Dong-Yi, and etc.);
l Taught EMBA related courses in Tsinghua Uni., Peking Uni., the Chinese Institute of Certified Public Accountants, and etc. (1999.9-2013.12)
l Working as the Dean of the Law School in Harbin Institute of Technology (2014.1-).
n Education:
l LL.B., Peking Uni. (1986.9-1990.7; Majoring in the China Economic Law; The Published Paper: Economic Law Regulates Economic Benefits Distribution Relations);
l LL.M., Peking Uni.(1990.9-1993.7; Majoring in the International Economic Law; Dissertation: On the GATT's Dispute Settlement Mechanism);
l PH.D., Graduate School of Chinese Academy of Social Sciences (2010.9-2013.7; Majoring in National Economics; Dissertation: The Empirical Study on the Difference Between Deposits and Loans Within China's Financial System);
l Visiting Scholar in The Law School in the Uni. of Washington in USA (2010.6-2010.8);
l Exchanging Scholar in the Law School of the Uni. of Minnesota in USA (2011.5-2011.5);
l Visiting Scholar in the Sino-EU Law School and in the Uni. of Hamburg in Germany (2013.10-2013.12).
n Academic Titles:
l Vice President of China Society for World Trade Organization Studies(2016.6);
l President of “One Belt One Road” Economic Security Committee of China Society for World Trade Organization Studies(2016.6);
l President of Heilongjiang Provincial Society for National Security Studies(2015.10).
l Member of of the Legal Committee of the 9th Session Central Committee of China Democratic League(2007-);
l Member of of the Economic Committee of the 11th Session Central Committee of China Democratic League(2013-);
l Vice President of of the Legal Committee of the 11th Session Heilongjiang Province Committee of China Democratic League(2016.2-).
n Representative Researches:
l ON RMB: AGGREGATE MONEY APPROACH[M]. Beijing: China Economic Publishing House, July of 2013.
² Brief: discovered and presented for the first time the monetary aggregates identity equation: "Currency + Deposits = Central-Bank Issuing + Loans", and updated the related equation on the old monetary theory.
l WORLD CIVILIZATIONS AGGREGATE APPROACH: CHINA'S CIVILIZED RESE AND RULE OF LAW IN NATIONAL SECURITY[M]. Beijing: China Legal Publishing House, Fab. of 2015.
² Brief: improved the "THE AGGREGATE METHODOLOGY" into a new social science paradigm, and firstly presented the civilization aggregates equation as “global 1.15 Trillion Person/Year = Inventing Laboring + Repeating Laboring " as evidenced local "Historical Rights" in all parts of the World in the past 2400 years.
l Civilization Rise: The Path Thinking on Rule of Law in National Security with China's Characteristics[J]. Beijing: Modern World Magazine, by International Department of Central Committee of CPC, 2015.03.
l On Kissinger's world order and The American Political Epitaph"[J/OL].Beijing: the China Economy Website, www.ce.cn, http://www.ce.cn/xwzx/gnsz/szyw/201510/10/t20151010_6665619.shtml. 2015.10.10
l On monetary justice: Comments on the world trade views from the United States Treasury’s speech in the Tsinghua University[CP]. Harbin: The Annual Conference’s Collected Papers of 2016 by The ninth "WTO law with China" Forum and China Society for World Trade Organization Studies, 20160625. P995-999.
l Academic Discussion on the Scientific Methodology of the National Balance Sheet with Prof. Zhao Hongrui[J]. Beijing: China Civil Entrepreneur. 201410.
n Current Research：
l Business Risk-Control Mechanisms in “Belt and Road" & BRICS Countries;
l Global main Currencies’ Issuing and Sovereign Fiscal Balance;
l Non-Traditional & National Security Reviews in China, U.S., Russia, and EU.；
l Cybersecurity Elements Theory and "as a Whole" Sovereign Approach.
[1] The author is the Dean of the Law School of Harbin Institute of Technology (HIT) in China, and the paper is revised by the author’s speech in THE 3rd BRICS LEGAL FORUM IN New Delhi, India, 1st of Sept., 2016, Habitat Center. The author’s resume is attached to this paper.
