The Belt and Road seminar on rule of law development think tank was held on the afternoon of November 17,2017 in Suiyuan campus of Nanjing Normal University, which was co-hosted by Department of commerce of Jiangsu Province(DCJP) and Institute for Chinese Legal Modernization Studies(ICLMS) and cosponsored by rule of law of the Belt and Road research centre and institute for strategies of rule of law development.
Minglong Ma, who was the leader of DCJP, pointed out that in terms of the development situation of the Belt and Road, a think tank was needed by DCJP to give advice and suggestions. It was necessary for China that government and think tank join hands to form new pattern in the international stage. To the end, the emphasis was building the Belt and Road which could be the kernel of the reform and opening policy.
Prof. Pixiang Gong, who was the director of ICMLS and deputy director of Standing Committee of Jiangsu Provincial People’s Congress, stated：according to the report of the 19th National Congress which was putted forward by General Secretary Xi, Building the Belt and Road must be underlined and strengthen innovation capacity was our country’s development focus. Besides, China should take part in the economic globalization actively and develop higher-level open economy. The statement of General Secretary Xi pointed out the direction of promoting the Belt and Road in the new era. We were required to study carefully and implement the policies. I sincerely wish the seminar every success.
1.Speeches by key enterprises of the Belt and Road.
Jian Wang, the deputy director of international operations division of Hengtong Optic-Electric, said：firstly, Hengtong had unique development patterns which laid a foundation for building the Belt and Road. Secondly, entities would face up with many difficulties and challenges such as legal risk and financial difficulty when they implement Go Out policy. At last, In the process of going abroad, every firm should actively perform social responsibility to win host country’s approval and respect.
Chen Cheng, legal secretary of the board of HOdo, stated：during the building of the Belt and Road, we should pay attention to the problems about legal risk. The think tank should be utilized well and companies could band together to make use of the local capital to solve these problems. HOdo will provide one-stop services to local entities and will benefit the local people well. It’s the research priority for HOdo to find more efficient approaches to take advantages of legal resources to meet the increasing need of legal service of firms.
Fei Wu, the minister of risk control department of Nanjing Iron & Steel co.,LTD , stated：It’s impractical for firms to only depend on immediate funds to invest abroad. The greatest challenges of overseas investment were forex, revenue and overseas financing. The service of policy interpretation should be provided by competent departments to meet the challenges. The countries along the Belt and Road differ in polity, economy and culture, which compel Chinese firms to improve the capacity of keeping away legal risks and overseas investment to blend with local society, culture and law very well.
Wei Zhou, the legal manager of Trina Solar, said： Jiangsu was the major province of economy and encouraged overseas investment early. However, there were also some deficiencies. Firstly, in terms of external conditions, the information platform of overseas investment was vacant and the rules of overseas investment was imperfect. Besides, risk emergency mechanism was insufficient. Secondly, enterprises investing overseas mostly were private enterprises in Jiangsu province. They cannot deal with risks of overseas investment because of insufficient business administration and mechanism and low risk awareness.
2.Speeches by law experts.
Tao Du, the professor of East China University Political Science and Law, put forward that China faced up with not only pressure of economic competition, but also the pressure of global legal competition in the age of globalization. At present, Chinese should promote local legal services to go global. On the one side, more overseas students should be enrolled. On the other side, Chinese students should be encouraged to going abroad to publicize Chinese laws.
Guoping Sun, the associate professor of Kenneth Wang School of Law of Suzhou University, stated： there were some problems in the labour law of the Belt and Road. Firstly, the labour standards of countries along the Belt and Road were different and imperfect. Secondly, labour laws of different countries were in conflict with each other. Thirdly, the extraterritorial effect of Chinese labour laws was vague. Almost sixty countries were involved in the Belt and Road. But the researches on the text and judicial decisions of labour law were deficient in China. In contrast with ABA, we should make more efforts.
Dan Yang, associate professor of School of Law of Nanjing Normal University, said： The construction of the Belt and Road was great practice for China to initiate global governance. Firstly, the Belt and Road was an important way for China to take part in global governance. Secondly, the traditional international mechanism should be observed and global governance platform should be built. Thirdly, the Belt and Road was also one of the fractions of China’s domestic governance.
Lingli Zheng, the associated professor of School of Law of Nanjing Normal University, stated：Firstly, finding ways to meet the challenge of the climatic variation is an indispensable part of the Belt and Road. Secondly, the Kyoto Protocol had serious shortage. At last, American RCCI Western climate agreement could be used for reference when the rules of law of regional carbon trading was built in Jiangsu province. The government should play a leading role in carbon trading to carry out Carbon emission reduction policies. The trading should also abide by market mechanism.
Yan Lin, Associate Professor of Nanjing Normal University’s Law School, suggested: The Belt and Road Initiative is related about International Treaties. for the application problems in China's civil trial, there has been stipulated in the "General Principles of Civil Law" in the 1980s. However, it was abolished in the newly promulgated "General Provisions of Civil Law". In addition, China’s constitution did not mention this issue. It can only be found in "Maritime Law" and "Civil Aviation Law". At present, the treaty has many shortcomings in the application of China. We need to take some time to resolve those shortcomings. After the speech, the leaders of the Department of Commerce, the legal experts answered the questions with patiently. All entrepreneurs are concerned about those questions. Lu Jian, the director, has visited United States. In the end of this forum, he said that it has a very strong current and guiding significance as the legal service of the "Belt and Road Initiative" in Jiangsu province. This form of exploring together in the seminar has a very profound significant.