China Justice Observer

中国司法观察

Yongping XIAO 肖永平

Director of International Law Institute of Wuhan University

XIAO Yongping, from Macheng, Hubei Province, Cheung Kong Scholars Distinguished Professor, Leading Talent in Philosophy and Social Sciences, Director of International Law Institute of Wuhan University (China Top Think Tank, Key Bases of Humanities and Social Sciences Research of Ministry of Education), President of Professors’ Committee of Wuhan University School of Law, Legal Advisor to the Wuhan University President, Member of Wuhan University Academic Committee, Editor-in-Chief of Wuhan University International Law Review and Chinese Yearbook of Private International Law and Comparative Law. 

I. Education and Work Experiences

September 1984-July 1988, Bachelor in Law, Southwest Institute of Political Science and Law, China;

September 1988-July 1993, PhD in Law, Wuhan University, China;

July 1993-April 1995, Lecturer, Department of International Law, School of Law, Wuhan University;

April 1995-September 1997, Associate Professor and Deputy Dean, Department of International Law, School of Law, Wuhan University;

September 1997-July 1998, Professor and vice Deputy Dean, Department of International Law, School of Law, Wuhan University;

July 1998-July 1999, Visiting Scholar, Harvard-Yenching Institute, Harvard University, USA;

Since July 1998, PhD Supervisor in Private International Law, Wuhan University School of Law;

April to May 2000, Visiting Scholar, Max-Planck Institute of Foreign Private and Private International Law, Hamburg, Germany;

November 1999-October 2008, Managing Director, Wuhan University Institute of International Law, China;

October 2001-February 2005, Deputy Director, International Law Department of Wuhan University School of Law

January 2005-January 2009, Luojia professor of Wuhan University;

January 2005-September 2007, Deputy Dean of Wuhan University School of Law;

July-December 2006, Senior Research Scholar and Honorary Research Associate, Birmingham University School of Law, UK;

September 2007-September 2016, Dean of Wuhan University School of Law;

Since March 2016, Director, International Law Institute of Wuhan University.

II. Research areas

Private international law, international trade law, international commercial arbitration, international civil procedure, international sports law.

III. Professional affiliations

Executive Vice President, Chinese Society of Private International Law;

Standing Member, Council of Chinese Society of Law;

Vice President, Chinese Society of International Law;

Vice President, Sports Law Society, Chinese Society of Law;

President, International Law Society of Hubei Province;

Vice President, Law Society of Wuhan City;

Member of International Law Advisory Committee of Ministry of Foreign Affairs of China;

Member of Advisory Committee of Supreme People’s Procuratorate of China;

Fellow of Supreme People’s Court of China Belt and Road Research Center, fellow of Supreme People’s Court of China Environmental Resources Justice Doctrines Research Center, expert of Supreme People’s Court of China Foreign Related Commercial and Maritime Trial Expert Reserve, member of Supreme People’s Court of China Applied Jurisprudence Research Center Postdoc Academic Guidance Committee;

Legal Advisor to Wuhan People’s Government;

Expert of National Social Science Foundation of China;

Member of Editorial Board, Journal of Private International Law;  

Member of Editorial Board, Chinese Journal of Comparative Law;  

Member of Editorial Board, Frontier of Law in China;

Arbitrator, China International Economic and Trade Arbitration Commission.

IV. Major Accomplishments

Articles

1. A Survey of Important Theoretical Issues in the Field of Chinese Private International Law, Social Science in China, Issue 5, 1990
2. The Principle of Most Significant Relationship in Chinese Conflict of Laws, Social Science in China, Issue 3, 1992
3. Value Orientation and Chinese Legislation on the Conflict of Laws, Chinese Legal Science, Issue 5, 1994
4. Recent Developments of Foreign Private International Law and the Direction of Chinese Private International Law, Chinese Legal Science, Issue 1, 1996
5. Judicial Supervision in Arbitration Involving Foreign Elements under Chinese Law, Social Science in China, Issue 2, 1998
6. Comments on the Judgment of Right of Abode by Hong Kong CFA, American Journal of Comparative Law, 2000
7. The Challenges Facing Private International Law in the Cyber Context, Chinese Social Science, Issue 1, 2001
8. The Impact of China’s Entry into WTO on the Arbitration in China, Chinese Legal Science, Issue 2, 2001
9. The Conflict of Laws between Mainland china and the Hong Kong Special Administrative Region: The Choice of Coordination Models,Yearbook of Private International Law, Volume 4 (2002)
10. ODR: A New Model of Resolving E-commerce Disputes, Chinese Legal Science, Issue 6, 2003
11. Recent Developments of Conflict of Laws in Europe, Chinese Legal Science, Issue 5, 2004
12. Contemporary Issues of the Study of Chinese Private International Law, Chinese Journal of Law, Issue 2, 2004
13. The Law Applicable to Unjust Enrichment, Chinese Journal of Law, Issue 3, 2004
14. Ordre Public in China’s Private International Law, The American Journal of Comparative Law, Volume 53(2005)
15. Identification and Application of Case Law in Common Law Countries (Chinese Legal Science, Issue 5, 2006) 
16. Selected Topics on the Application of the CISG in China, Pace International Law Review 4 (2008)
17. The Closest Connection Doctrine in the Conflict of Laws in China, 8 Chinese JIL (2009)
18. Enforcement of International Arbitration Agreement in Chinese Courts, Arbitration International, Vol. 25, No.4 (2009)
19. Family Issues in China’s Private International Law, Journal of Cambridge Studies, Vol 4, Issue 4 (2009)
20. Foreign Precedents in Chinese Courts, Yearbook of Private International Law, Vol11 (2009)
21. Contractual Party autonomy in Chinese Private International Law, Yearbook of Private International Law,11 (2009)
22. On Mandatory Rule in Chinese Private International Law, Social Science in China, Issue 10, 2012
23. Some Suggestions for Improving the International Credibility of the Chinese Judiciary: A Focus on the OBORI, The Chinese Journal of Comparative Law, 1 (2017)
24. The Main Force for Promoting Humanity to the Community of Destiny (People’s Daily, theoretical version, June 9, 2017)
25. The “Small But Fine” Road to the Development of High-End Think Tanks (Guangming Daily, December 13, 2018)
26. Legal Cooperation: Protecting the Quality Evolution of the Belt and Road (Guangming Daily, March 25, 2019)
27. Article V(1)(b) of the New York Convention in China: Applying the Due Process Defense without the Doctrine of Due Process, Hong Kong Law Journal, Vol 49, 1(2019)
28. Review and Prospect of International Jurisprudence Research (People’s Daily, Academic Edition, April 29, 2019)
29. Strengthening Capacity Building, Forging a New Type of Think Tank Talent Team (Guangming Daily, July 1, 2019, Think Tank Edition)
30. Review of the 2008 Beijing Olympic Games Arbitration Case (Reprinted in the 10th issue of China Social Science Abstracts, 2009)
31. New Developments in Gender Law Issues in Sports (Reprinted in the 3rd issue of China Social Science Abstracts, 2014)
32. Latest Development of China’s International Commercial Arbitration Rules (reprinted in Social Science Digest of China, reprinted in the 4th issue of 2016)
33. On the Study of China’s International Law under the Background of the Rule of Law China (full text reprinted in Xinhua Digest Digital Edition, 2016, Issue 1)
34. Improving the International Credibility of China’s Judiciary: Key to Building the “One Belt, One Road” (“China Social Science Abstracts” reprinted in the 8th issue of 2017)

Monographs

1. Rule of Law, Legal Press 2019
2. Conflict of Laws in the People’s Republic of China, Edward Eglar Publishing 2016
3. Sports Dispute Resolution, High Education Press, China, 2015
4. Private International Law (3rd edn) (National Plan Textbook, with HAN Depei as editor in chief, Xiao Yongping revision), High Education Press, China, 2014
5. Legal Learning and Research Method, Wuhan University Press,2012
6. Conflict of Laws from the Perspective of Jurisprudence, High Education Press, China, 2008
7. Principles of Private International Law (Legal Press 2003, 2007)
8. Private International Law, People’s Court Press & China Social Science Press, 2004 (with HAN Depei)
9. Xiao Yongping on Conflict of Laws, Wuhan University Press, 2002
10. The Uniform Private International Law in European Union Wuhan University Press, 2002
11.The Conflict and Coordination of Laws Concerning Mainland China and Hong Kong, Hubei People’s Press, 2001(editor-in-chief).
12. A Course on Chinese Arbitration Law, Wuhan University Press, 1997.
13. The Chinese Legislation on the Conflict of Laws, Wuhan University Press, 1996

Consultation reports

More than 50 consultation reports have been adopted by the Ministry of Foreign Affairs, the Supreme People’s Court, General Administration of Sports of China, and the Hubei Provincial People’s Government. Three achievements were endorsed by the central CPC and China state leaders. Four results were published in the Xinhua News Agency Internal References and China Top Think Tanks Reports. People’s Daily Internal Reference University Think Tank Special Issue. For example, In Response to the “Long-arm Jurisdiction” of the United States, China Urgently Needs to Form A Combined Boxing at the Level of Domestic Law, which was approved by Wang Huning, member of the Politburo Standing Committee, and Liu He, Vice Premier of the State Council. The second meeting of the Central Committee for the Comprehensive Rule of Law of the People’s Republic of China on February 25, 2019, adopted the main recommendations of a report: “To accelerate the establishment of extraterritorial application of Chinese law.” At the invitation of the People’s Government of Hubei Province, Xiao Yongping completed the Declaration of Yongping Xiao which was submitted to the US courts by the People’s Government of Hubei Province, contributing to the final success of the Hubei Provincial Government in the US court case. 

V. Prizes

1.In 1995, Third Prize of 1st Hubei Provincial Social Science Outstanding Achievement Prize
2.In 2000, Honorable Young Tutor of China, Ministry of Education of China
3.In 2001, Special Allowance of State Department of China
4.In 2001, Third Prize of Hubei Provincial Social Science Outstanding Achievement Prize
5.In 2003, First Prize of Textbook and Legal Research Prize, Ministry of Justice of P.R. China
6.In 2006, First Prize of National Legal Textbook and Legal Research Achievement Prize
7. In 2006, Third Prize of Academic Achievement in Social Science among Chinese Universities and Colleges Prize
8 . In 2006, Third Prize of First QIAN DUANSHENG Legal Research Prize
9 . In 2007, Third Prize of the First China Legal Education Study Achievement Prize
10 . In 2008, Outstanding Teacher of China, BAOGANG Education Foundation
11 . In 2009, Second Prize of Hubei Provincial Social Science Outstanding Achievement Prize
12.In 2009, selected Current Famous Legal Masters
13.In 2009, First Prize of Third National Legal Textbook and Research (Research) Prize 
14.In 2009, First Prize of National Outstanding Teaching Achievement (2nd winner)
15.In 2009, Third Prize of Research in Social Science among Chinese Universities and Colleges Prize
16.In 2010, elected national Millions of Talent Projects talent
17.  In 2010, selected the Top-ten Outstanding Young Jurists of China
18.In 2011, Second Prize of Hubei Provincial Social Science Outstanding Achievement Prize
19.In 2012, Cheung Kong Scholars Distinguished Professor, Ministry of Education
20.  In 2013, Third Prize of Scientific Research in Colleges and Universities
21.  In 2015, selected as a Famous Cultural Master of the Publicity Department of the CPC Central Committee, Ten Thousands Leading Figures in Philosophy and Social Sciences
22.  In 2015, Third Prize of Research in Social Science among Chinese Universities and Colleges Prize
23.  In 2016, selected the “Four Batches” of Famous Cultural and Social Science Talents in the Publicity Department of the CPC Central Committee
24 . In 2018, First Prize of the 11th Hubei Provincial Social Science Outstanding Achievement Prize 
25.  In 2018, Second Prize of the 7th Qian Duansheng Excellent Law Research Achievements Prize

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