The Inaugural Meeting of the Beijing Banking Law Society & Symposium on the Rule of Law of China's Banks in the New Era: Reform and Innovation was held on Xueyuanlu Campus on 29 Dec, 2019.
The conference was sponsored by the Beijing Banking Law Society, and organised by the College of Comparative Law, the Law School of the Renmin University of China and the Research Centre for International Banking Law and Practice of CUPL. More than 200 experts and scholars from legal and banking profession in Beijing attended the meeting.
The opening ceremony was presided over by Prof. Gao Xiang from the College. Vice President of CUPL Shi Jianzhong, Secretary of the Party Group and Special Duty Vice-President of the Beijing Law Society Xiao Youmao, Vice Head of the Fourth Civil Trial of the Supreme People's Court Gao Xiaoli, President of the China Banking Law Society & Professor at CUPL Wang Weiguo, Dean of the Law School of Renmin University of China Wang Yi delivered a speech at the opening ceremony. Shi Jianzhong, Xiao Youmao and Gao Xiang inaugurated the Beijing Banking Law Society.
The Inaugural Meeting was moderated by Prof. Wan Meng from the Faculty of Law of Beijing University of Foreign Studies. The Meeting first deliberated and adopted the Report on the Preparatory Work for the Beijing Banking Law Society, the Constitution of the Beijing Banking Law Society, the Methods for the Election of the First Board of Directors and Board of Supervisors of the Beijing Banking Law Society, the Recommendation List of Candidates for the First Board of Directors of the Beijing Banking Law Society and the Recommendation List of Candidates for the First Board of Supervisors of the Beijing Banking Society. The conference then convened a meeting of the Board of Directors and a meeting of the Board of Supervisors, the Recommendation List of Candidates for the Executive Director, Deputy Secretary-General, Secretary-General, Vice-President and President of the First Board of Directors of the Beijing Banking Law Society and the Recommendation List of Candidates for the Executive Director, Deputy Secretary-General, Secretary-General, Vice-President and President of the First Board of Supervisors of the Beijing Banking Law Society were adopted in the meetings.
According to the election results, Gao Xiang was elected as the President, and Prof. Gao Shengping from the Renmin University of China Law School, Prof. Guo Li from the Peking University Law School, A/Prof. Gao Sili from the School of Law of Tsinghua University and Wan Meng were elected as Vice- President. Researcher Fellow from the Research Centre for International Banking Law and Practice of CUPL Yin Ming was elected as the Secretary-General, and A/Prof. Liu Bin from the Civil, Commercial and Economic Law School of CUPL and Researcher Fellow from the Research Centre for International Banking Law and Practice of CUPL Zha Zhongmin were elected as Deputy Secretary-General. 26 people including head of the Legal Compliance Centre of China Poly Group An Jingjing, Director of the Fourth Procuratorial Department of the Second Branch of the People's Procuratorate of Beijing Municipality Jiang Xingwei, head of the Legal Compliance Centre of Kunlun Trust Ma Rongwei were elected as Executive Director. President-Elect Gao Xiang then gave a speech to plan the work of the Society after its establishment. He proposed that the Society be set up as a capital-centered and nationwide exchange platform for banking law research. Zhou Yuanqing, Director of Liaison Department of Beijing Law Society, gave full guidance to the founding conference.
Dean of the College of Comparative Law Xie Zhiyong moderated the Symposium on the Rule of Law of China's Banks in New Era: Reform and Innovation. Gao Xiaoli, Guo Li, Gao Shengping and Dean of the College of Internet Finance and Law of CUPL Prof. Li Aijun made keynote speeches respectively. Gao Xiaoli expounded the judicial practice and trial principle of the cases of letter of credit and guarantee, which provided judicial guidance for the banking industry to carry out trade and financial business. Guo Li carried on the thorough analysis to the financial management dispute's responsibility disposition, and put forward his insight on the financial management dispute's financial consumer protection. Based on the Summary of the National Civil and Commercial Trial Work Conference, Gao Shengping discussed the legal interpretation and judicial continuation of the financial guarantee law, reflecting the latest judicial and theoretical research trends. Focusing on the financial technology supervision mechanism, Li Aijun proposed the legal response to the financial technology reform. Each speech was cutting-edge and profound, and aroused strong reactions from the audiences.
In the afternoon, the seminar moved on to the thematic session. The first session Fintech and Innovation was moderated by Gao Simin, Deputy Dean of the Tsinghua University Law School. Deputy General Manager of Data Management Department of China Construction Bank Liu Xianrong, Assistant Professor of the School of Law of Beijing University of International Business and Economics Law Xu Ke, Wang Yeung Kwong, Associate Professor of the China Institute of Finance and Capital Markets Yang Guang, and Partner of Beijing Tiantong Law Firm He Haifeng spoke respectively.
Liu Xianrong presented a brilliant explanation on the hot issue bank data compliance practice, combining with the GDPR and other extraterritorial rules. Xu Ke discussed the international practice and local supervision of open banks. Yang Guang offered an illuminating insight into the open-market world of Fintech and Regtech. He Haifeng summed up the evolution of financial technology innovation and China's banking reform. Li Aijun, Deputy Editor of Journal of China University of Political Science and Law Chen Jingshan and Senior Partner of Beijing Celue Law Firm Bai Pingliang made wonderful comments.
The theme of the second session was the Summaries of the 9th National Conference for Work of Courts on the Trial of Civil and Commercial Cases: Implications for and Responses to the Banking Industry. It was moderated by Liu Bin. The Chief Judge of the Second Civil Division of the Supreme People's Court Pan Yongfeng, Pan Limei from the China Banking and Insurance Regulatory Commission, Arbitrator Lin Haiquan from the Beijing Arbitration Commission, and Assistant to the Dean of the School of Law of University of International Business and Economics Wang Lebing presented their reports.
Pan Yongfeng closely adhered to the latest regulations of the Summaries and made an in-depth analysis on the problems that should be paid attention to when banks accept guarantees. Pan Limei shared her views on the protection of financial consumers according to the Summaries and experiences in practice. From the perspective of banking practice, Lin Haiquan analysed the supports, norms and regrets in the Summaries, and put forward some suggestions to improve the hot disputes. Wang Lebing analysed the private law position of asset income right and financial supervision under the new rules of asset management, and cleared up the basic theoretical problems. Ma Rongwei, General Manager of Legal Compliance Department of Kunlun Trust Company Limited, and Xu Ke from the Beijing University of International Business and Economics commented the reports from the perspective of financial practice and legal theory respectively.
The session of the New developments in Trade Finance Practice and Law was moderated by Zhu Hongsheng, an product specialist and the General Manager of the Trade Finance Products Centre of the Minsheng Banking Corp. Assistant to Judge in the Supreme People's Court Zhang Bona, General Manager of the International Settlement Documents Center of the Agricultural Bank of China Zhou Ye, Deputy General Manager of the International Settlement Documents Centre of the Industrial and Commercial Bank of China Xia Lin, Senior Partner of Beijing Jincheng Tongda Law Firm Jin Saibo, and Hei Zuqing from the School of Economics of Nankai University spoke respectively.
Zhang Bona summed up the judicial judgment difficulties of independent guarantee and letter of credit, combined with the recent judicial case for a specific discussion. Zhou Ye systematically discussed the obligations of issuing banks and anti-money laundering compliance policies and the relationship between the two. Xia Lin discussed the financial innovation and practice of the International Railway Waybill in the implementation of the “Belt and Road” initiative, which triggered a heated discussion on the issue. In the light of the latest legislative progress of the Civil Code, Jin Saibo discussed the practice of warehouse receipt adjudication in Chinese courts and put forward suggestions for the improvement of relevant laws. Hei Zuqing appraised the recent relevant court cases in the country focusing on the analysis of the loss of rights rule in UCP. Deputy General Manager of the Trade and Finance Department of the Exim Bank of China Shu Chang and President of the Hangzhou Canal Branch of the Bank of Beijing Wang Dongtao commented on the presentations from their own business practices and theoretical understanding.
The symposium came to a successful conclusion with applause.
