法学院

School of Law

 Chinese

SHEN Weixing

Professor and Dean

Education background

LL.B. & LL.M, Jilin University

PhD, China University of Political Science and Law

Post Doctorate, Peking University

Experience

Oversea Experience

Visiting Scholar at the Faculty of Law, University of Cologne (1999-2000)

Senior Visiting Scholar at the Faculty of Law, University of Freiburg (2002)

Fulbright Visiting Scholar at Harvard Law School (2009.1-10)

Alexander von Humboldt Fellow (2015-2016)

 

Domestic Experience

2008.12- present Professor of Law, Tsinghua University

2003.06---2008.12 Associate Professor, Tsinghua University

2001.10---2003.06 Postdoctoral Research Fellow, Peking University

1992.07---2001.10 Assistant, Lecturer, Associate Professor, Jilin University.

Concurrent Academic

Executive Council Member of Civil Law Research Association of China Law Society

Vice President of China Health Law Society

Vice President of China’s Legal Education Society

Vice President of China Cyber and Information Law Society

Vice President of Property Law Research Association of Beijing Law Society

Areas of Research Interests/ Research Projects

Research Field: Property, Contract, Torts, Bioethics & Health Law

1.Study on the Theory of the Right of Expectation,Sponsored by the Taiwan Zhongliu Cultural and Educational Fund and Himalaya Fund.

2. Study on Reservation of Ownership and Reference, Sponsored by China Post-doctoral Fund.

3. Modern Security System and Legislation on Property Rights in China, Program for Scholars Returned from Abroad, Sponsored by the Ministry of Education.

4. Study on the Reformation of German Obligations Law and its Influence on the Compilation of New Chinese Civil Law, Program of National Social Science Fund.

5. Study on the Legal Problem of Human Organ Donation and Transplantation, Sponsored by Tsinghua University.

Honors And Awards

Legislative Proposals on the Establishment of Priority System in China: Second Prize in the 1997 Forum of Civil and Economics Law

On the Institution of Contract Saving: Second Prize as the Best Research Paper on Social Science in Jilin University

Horizontal Expansion and Functional Transformation: Multiple Angles of the Need for the Residence Right System in China: the Best Research Prize on China Law Society in 2006

Tsinghua University Advanced Employee in 2005

Tsinghua University Young Scholar Award in 2006

the Seventh Award for “National Top Ten Outstanding Young Jurists” in 2014

The Fifth Basic Teaching Skills of Young Faculty from Beijing Universities Competition: the Best Lesson Plan Prize

Study on the Theory of the Right of Expectation: Second Prize in the Tenth Philosophy and Social Science Excellence Achievement Award in Beijing

Academic Achievement

(1) Treatise:

1. Elementary Research on Right of Environment, China Environmental Management, 1991.04

2. Comment on Russian Law of Foreign Investment, Forum of Northeast Asia, 1993.04

3. Rethinking on Civil Juristic Transaction, Jilin University Journal, Social Science Edition, 1995.05

4. A Preliminary Study on the Nature of Priority Right, Journal of Law and Social Development 1997.04

5. Legislative Research on Institution of Priority Right, Law Review, 1997.06

6. On the Principles of Private Autonomy and Good Faith in the Newly Enacted Contract law, Forum of Politics and Law.1999.01 (Co-authored with Prof. Jiangping and Dr. Cheng Hehong)

7. The Constitution and Efficacy of the Right of Creditor’s Subrogation, Transactions of South- West China University of Political Science and Law. 1999.06

8. On Conditions for the Alienation of Contractual Rights, Journal of Law Science, 1999.05

9. Legal Issue on the Innominate Contract, on the Theory Edition, Legal Daily. 1999.12.12

10. The Application of the Institution of Creditor’s Right of Subrogation, Theory Edition, Journal of People’s Court, 1999.08.11(Co-authored with Prof. Han Shiyuan)

11. On the Constitution of the Creditor’s Right of Rescission, Journal of Legal System and Social Development. 2000.02

12. On the Institution of Contract Saving, China Law Review.2000.02

13. Centennial of Civil Law Code, (Translation of Prof. Norbert Horn’s Treatise for the Centennial of the Civil Law of Germany, Published on NJW Weekly, 2000.01), Law Review of Peking University, 2001.01

14. On the Differentiation and Concurrence between Right of Priority and Other Security Interests Journal of Law and Social Development. 2000.03

15.General Theory on the Reservation of Ownership,Monographic Research on China Law of Real Right(Edited in Chief by Prof. Wang Liming). Jilin People’s Publishing Company. 2002.01

16. The Institution of Priority should be established in China’s Future Civil Law, Monographic Research on China Law of Real Right (Edited in Chief by Prof. Wang Liming). Jilin People’s Publishing Company. 2002.01

17. Elementary Research on Right of Expectation (das Anwartschaftsrecht), Tsinghua Law Review. 1st Volume of 2002

18. The Essence of Legal Status of the Buyer under Conditional Sale, Chinese Journal of Law, 2003.02

19. Reconsideration on the Constitution of Civil Legal Relationship, Journal of Comparative Law, 2004.01

20. The Succession of Legal Theories and the Civilization of Law, Legal Daily, 2004, 18th, June

21. Research on the Right of Formation (Gestaltungsrecht), Forum on Civil Law and Commercial Law, Vol.30

22. The Legislative Value and Mode Choice of Servitude System, Modern Law Review, 2004, Vol.5

23. The Legal Foundation of Autonomy and Supervision: Basic Legal Issues Concerning Contract Between Contractors and Tenants, Report on Real and Personal Property. Vol. 1.

24. Divided Property Interest in Conditional Transactions. (Translation of the Article from L. Vold at UPEN). Tsinghua Law Review, Vol.6

25. Rational Reasonability and Development of Legal Systems, Nine Professionals Discussing on Civil law, Vol.2

26. The Provenance of Legal Rights, GAO Hongjun: Tsinghua Law Forum, Vol.5

27. Study on the Legal Regulation of Community Administration, CUPL Law Review, Vol.4

28. Legislative Proposals on the Establishment of Priority System in China: Ideology and Confidence, Tsinghua Journal, Social Science Edition, 2005, Vol. 2

29. Legislative Principles on the Donation and Transplantation of Human Organs: Comparative Law Journal, 2005, Vol.4 (Co-authored with Wang Qi)

30. Four Issues on the Theory of Legal Act: Juristic Case Research, 2005, Vol.4

31. Meditation on Jus ad Ram Legislation: Politics and Law, 2005, Vol.6

32. Horizonal Expansion and Functional Transformation: Multiple Angles of the Need for the Residence Right System in China: China Legal Science, 2005, Vol.5

33. Practicability and Systematism of the Legislation of Property Law: Soochaw Law Review, 2005.Vol.11

34. Between Content and Form: The Improvements in the Legislation of Real Rights Registration in China: Peking University Law Journal, 2006.Vol.2

35. On the Character of Chinese Civil Code: Chinese Journal of Law, 2006, Vol.3

36. An Academic Probe into the Controversy Focuses during China’s Real Right Legislation: Law Science Magazine, 2006, Vol.4

37. Brief Analysis to Principal Parts of Commercial Bribe in the Health: China Health Industry, 2006, Vol.6

38. The Root-Cause Analysis of the Essence of Rights: Law and Social Development, 2006, Vol.5

39.Die sozialistische Marktwirtschaft und das einheitliche chinesische Vertragsrecht, in "Private and Commercial Law in a European and Global Context", Verlag Walter de Gruyter GmbH & Co KG,Berlin/New York 2006, S.125-142.

40. A Misreading of Chinese Civil Law and a Dream Chinese Civil Code: Guangming Daily, 25th, July, 2006, Vol.11

41. Research on Registration from the Perspective of Property Law: Journal of National Procurators College, 2007, Vol.3

42. Property Law and the Protection of the Rights of Peasants: China-Today Forum, 2007, Vol.7

43. The Social Meanings of Property Law: Guangming Daily, fifth, June, 2007, Vol.11

44. Social Development Calls for “Clinical Legal Education”: Journal of Comparative Law, 2008, Vol.3

45. Construction of Chinese Property Law under the Balance of Public Powers and Private Rights: Contemporary Law Review, 2008, Vol.4

46. The Basic Principles and Structure Principles of Property Law: Chinese Social Science Today, 22rd, December, 2009, Vol.8

47.《物權法定主義と私的自治》,日本《名城法学》第59卷,第3,4合併号

48. Civil Law Thinking from Pregnancy to Birth: Law Science Magazine, 2010, Vol.1

49. A Primary Probe into the Legislation of Housing Security Law: Procuratorate Daily, 15th, April, 2010(Academic Edition)

50. Housing Security Law: What to Protect and How to Protect: Guangming Daily, 8th, July, 2010

51. The Main Difficulty of Mental Health Legislation: Coercive Treatment and Patient Protection: Chinese Social Science Today, 6th, April, 2010, Vol.8

52. The Burning Question about the Transition of Chinese Legal Education: Social Sciences Weekly, 3rd, June, 2010, Vol.4

53. A Functional Analysis of the Legislation of Basic Housing Security Law: China Law, 2011, Vol.1

54. The Draft of Housing Security Law: Objective, Principle and Content: Jiang-huai Tribune, 2011, Vol.3

55. Civil Law Thinking from Birth to Death-On the importance of Chinese Health Law Research: Hunan Social Sciences, 2011, Vol.2

56.Chinese Property Law in China’s Market Economy in the Making: Cambodian Yearbook of Comparative Legal Studies,2011,Vol.2

57. Legal Thinking about Cracking the Difficulties of Organ Donation: CaiJing Magazine, 2012, Vol.23

58. on the Common Property Right of Affordable Housing: Political Science and Law, 2013, Vol.1

59. Legislation of Real Right and Autonomy of Will-Two Keys to Interpret Property Law of China: Law and Social Development, 2013, Vol.5

60. The Remolding of the Relationship between Doctor and Patient and the Enacting of Health Care Law of China: Law Science, 2015, Vol.12

61.Die Rezeption der deutschen juristischen Methodenlehre in China und deren Einfluss auf die chinesische zivilrechtliche Auslegung,Die Rezeption der deutschen juristischen Methodenlehre in China und Ostasien, Mohr Siebeck, SS 105-129, 2016.

 

(2) Textbooks and Monographs

1. Intellectual Property Law (Co-editor with Prof. Li Jianhua) Jilin University Press.1998.08.

2. Principles of the New Contract Law and Review of Cases Thereof, Jilin University Press.1999.05.

3. Property Law, (Co-authored, Chief Author) Jilin University Press.1999.09.

4. Contract Law, (Edited in Chief by Prof. Ma Xinyan) Jilin University Press.1999.12.

5. Contract Law, (Revision, Edited in Chief by Prof. Cui Jianyuan) Law Press, 2000.04.

6. Difficulty, Hotspot and Doubtful Point of the Theory of Contract Law, China University of Politics Science and Law Press. 2001.01.

7. Science of Civil Law, (Editor in Chief) Peking University Press. 2003.07.

8. A Probe into Difficulties about the Legislation of Real Right in China, (Associate Editor)Tsinghua University Press,2006.06

9.Emerging Issues in Chinese Health Law,(Co-editor with Professor Scott Burris)Peking University Press,2005.11

10.A Basic Theoretical Research into the Expectant Law, China Renmin University Press,2006.08

11.Property Law: Case Methods(Co-editor), People’s Publishing House,2007.04

12.Property Law(Co-editor), China Renmin University Press,2008.05

13.Principle of Property Law, China Renmin University Press,2008.08

14.Nine Professionals Discussing on Civil Law, Vol.9, Law Press,2012.10

15.Civil Law, Peking University Press,2013.09

16.A Basic Category Research into Civil Law, Law Press,2015.08

17.Principle of Property Law(Second Edition),China Renmin University Press,2016.10

18.Civil Law(Second Edition), Peking University Press,2017.