Knowledge Navigation ｜ Wang Cuijie: Reading "Hong Kong Contract Law Essentials" feels

Introduction: In ordinary law countries and regions, contract law is one of the most important legal departments in the legal system, and is a pillar law for the market economy and free trade. The book "Hong Kong Contract Law Essentials" presents the most important legal rules of the Hong Kong contract law with refined language, rich materials, and smooth writing, covering the theoretical structure of the most essence of Hong Kong contract law. The book quotes 325 cases in ordinary law countries and regions, and includes 6 laws involved in the contract field formulated by the Hong Kong Legislative Council, which has strong readability, practicality, and innovation.

About the author: Wang Xuanwei, born in 1975, Bai, Yunnan, Yunnan. Director of the Sixth Procuratorate of the Yunnan Provincial People's Procuratorate and the third -level senior prosecutor.

Observe the special process of the application of Hong Kong's economy and ordinary law

—— Read the "Hong Kong Contract Law Essential Essentials".

Essence

General law has its special legal application of thinking and methods, and has a unique charm in the legal system. Hong Kong is a former British jurisdiction. It follows the British general law rules and integrates the Mainland's customary law to gradually form a unique legal system. After the return, Hong Kong and the Mainland were closely connected. In the context of the "one country, two systems" system, the Mainland and Hong Kong economic and trade were frequent. Hong Kong law and judicial practice reflect the economic development process of Hong Kong, the exchanges between Hong Kong and the mainland, and the integration law of ordinary law and the Chinese customary law. Regardless of legal characteristics, economic status, or from the perspective of humanistic background and cultural traditions, Hong Kong is the best field for observing the mainland in the Mainland.

The British pay attention to business. The Origin of the British Law focuses on business law. After several centuries of adjustments, it has gradually modernized and standardized, and has obtained international trade recognition. In the current international trade and business activities, the British contract law is the most commonly selected legal norm. Hong Kong occupies a pivotal economic status in Asia. The Hong Kong contract law is homogeneous with the British ordinary law. It has played an important role in the economic development of Hong Kong. The basic system of the "one country, two systems" allows the return of the Hong Kong contract law after returning. Touching the spirit of ordinary law through the Hong Kong Contract Law and observing the application of the general government is the main purpose of the "Hong Kong Contract Law Essentials", and it is also the biggest gain of reading this book. As the author's prosecutor Wang Xuanwei said, the book "hit a door through ordinary law".

After reading the "Hong Kong Contract Law Essentials", the first thing that feels is the clear layout, professional skills and rigorous ideas, and feel that this is a deep contribution, which is to introduce the academic bridge of Hong Kong's ordinary law. The content of the "Hong Kong Contract Law" is divided into three parts: Introduction, subject, and attachment.

The author introduces the overall situation of the ordinary law of Hong Kong in the introduction. The content covers the formation of the general law system, the origin of the Hong Kong contract law, and the judicial system of Hong Kong. The appearance is to make up for the lack of readers' background in the knowledge of the Hong Kong contract law.

Ordinary law originated from life, formed in judicial practice, and practical rationality is its kernel characteristics. The jurisprudence of ordinary law is not only close to life but also refined by judicial practice, forming a legal concept. This is the essence of ordinary law, but also the way to discover the law through judicial practice. The thinking mode of the legal person is based on the case of the case, looking for the referee basis from the judicial jurisprudence, summarizing the laws of judicial laws, and refining the principles of legal principles. How to make the law of judicial practice discover the laws that condense into textbooks, it is the difficulty of such monographs, and the author's careful design is also required. The author's content layout of the main part of this book is not careful. The main clues discovered by the law follow these clues to continue the branch leaf in each key content, thereby showing a clear tree structure. In each special discussion, the author's expansion is to outline the key issues first, and then combine the theoretical guidelines with the case interpretation of the problem to explain the style, cautiousness, and speculation, so that the display of each topic is as delicate as rich as rich as rich as prosperous Leaf surface. Not only can you feel the orderly content and lush branches during reading. After reading, you can also feel that the path of looking back at it is clear.

Hong Kong does not have the written contract law. The relevant system is scattered in the "Regulations on the Sales of goods". The main source of judicial applications is judicial case. It is not easy to study a huge system. The author read a large number of judicial cases and accumulated deep legal skills. These are also clearly displayed in the case citing. The Chinese Communist Party quoted 325 jurisdictions of ordinary law countries and regions, and 325 cases were distributed in accordance with the context of the principle of contract law to help readers switch between cases and theory. Even non -professional readers can soon be familiar with understanding. For example, in the third chapter of "consideration", the author explains from the three levels of the characteristics of consideration, the rules of consideration, and the promise of banning the rules. Among them, the fare rules involved the performance of existing obligations. The author first pointed out that in principle, a person promised to perform a obligation that he had the responsibility to perform. In fact, it did not provide any new benefits. He did not bear new damage in law, so he promised not to constitute a sufficient consideration, but the situation in practice was relatively complicated. Then, the author interprets the complexity of practical complexity in accordance with the case of fulfilling legal obligations, fulfilling contractual obligations to the parties, and fulfilling the contractual obligation to the third party. Among them, in the performance of the legal obligations, the author splashed less ink and only occupied a half of the length, but cited 4 judicial cases in 1831, 1925, 1957, and 1994 in a short length. The changes and reasons for judicial views made readers clearly on this issue. You know the whole picture of one hole. The analysis of this problem is only the tip of the iceberg of the informative content of this book. The professional attitude and rigorous style of this book are beyond words. In the last part, the author lists the indexes and relevant laws and regulations in the article. Following the precedent and the jurisprudence system is a typical characteristic of the ordinary law. The judicial jurisprudence is the essence of the ordinary law. The jurisprudence is the starting point of studying the Hong Kong contract law. The author's study of the Hong Kong Contract Law revolved around the jurisprudence, and he naturally knows the subtlety of the judicial jurisprudence, but he also knows the suffering of all reading jurisprudence. Each judicial judgment is unique, and the judicial judgments of ordinary legal judgments are even more so. Among them, there are many individual colors of judges 'tailoring, which shows the broad range of judges' creation of laws, but it also brings the disadvantages of the length of content, sometimes even the East Latin West, the book quotes cannot be presented in the original text. Therefore, the author is based on the analysis of the judicial jurisprudence. For the core summary of the only capture of the jurisprudence, the refined jurisprudence is integrated into the legal interpretation of the law. This method helps to quickly and comprehensively appreciate the overall ideas of the Hong Kong contract law, but it is inevitable to lose the mastery and understanding of the first -hand information. The careful author knows the diversified needs of the reader. Combined with the diverse needs of readers to read the extension of readers.

my country does not adopt a jurisprudence system to implement the practical thinking of the "Creation of Guidance Cases". What needs to be faced is that even if the legal system is not given a precedent for judicial systems, the guidance cases built by the two highs are quoted by the lawyer in practice and referenced by the judicial judgment. Invisible binding power. This phenomenon cannot be ignored, and the carrying of the guidance case system should also be highly anticipated. At present, the research on the case of cases in the Mainland is not decreasing. Observing the operation of the general law case system will continue to inject vitality to improve the study of my country's guiding case system. The author of this book is familiar with the case in the writings, and it is easy to understand the method of using judicial jurisprudence.

Ordinary law has a long history, and its spirit and system are drawn from many countries and regional laws. my country's judicial reforms are inseparable from the observation and reference of ordinary law. The law is closely related to the national system, the national life, and the traditional culture. The application of ordinary law is bound to be consistent with its homeland outside the territory, and it is often rooted in the local area to produce different appearances. This problem is not a case, and the "General Theory of the Law" also describes this seal. For example, although the Commonwealth countries belong to the general law department, judicial personnel trained by British also come from various backgrounds. The conservative British tradition will inevitably conflict with the local legal conflict. difference. The economic development of Hong Kong is rapid, and culture and traditions still retain the marks of traditional Chinese culture. The Chinese Law Department originated from punishment. This is different from the development of ordinary law from the development of business and law. The process of applicable to Hong Kong will inevitably involve the conflict and reconciliation of the spirit of ordinary law and the tradition of Chinese culture. These processes are of special significance for the observation and reference of ordinary law. Domestic research on ordinary law has a long history, monograph research and various types of translations to cover in history and practical details, but there are not many research on the field of value in the Hong Kong contract law. The academic circles are concerned and remembered by Professor He Meihuan, a Tsinghua scholar, especially his book "Hong Kong Contract Law". However, the Hong Kong Contract Law has a special status in terms of economic and trade exchanges, or in comparative research and judicial reform. Related research should be deepened and comprehensive, showing a trend of all flowers. The special research of "Hong Kong Contract Law Essentials" not only fills the research gap, but also has high research significance and leading value for this special field. Panorama image. The author Wang Xuanwei, the author of "Hong Kong Contract Law Essentials", is an expert in procuratorial business in the country. He is proficient in business. He often moves to various places to answer questions, and he also keeps writing. He often sees journals. Famous. When I participated in the Sichuan tours in Sichuan in 2020, I walked with him when I went to Sichuan. I only walked out of the words and felt that he was deeply academic, and also felt his modesty, courteous and dedicated personality charm. Prosecutor Wang Xuanwei was a top scholar in the field of research in the Basic Law of the Hong Kong and Macau in China from Teacher Wang Zhenmin of Tsinghua University. The influence of the teacher and his rigorous and pragmatic style of the teacher. His research on the Hong Kong contract law is also well -known.

After the tour of 2020, there was rare contact with Prosecutor Wang Xuanwei. Just two years later, I reunited with his words again as a reader. As a reader, I have a little involvement in the ordinary law and ignorance of the contract law. Whether it is unfamiliar with the judicial situation of Hong Kong under the "one country, two systems", or whether the comparative needs of the contract law has realistic needs, there is a slightly idleness in one leisurely and leisurely. In the afternoon, with the curiosity of the spirit of the ordinary law, with the concern of the judicial practice of Hong Kong, picked up this book to read it, a journey across the discipline, a brief view outside of criminal law, fresh but unknown, indeed, it is indeed true, it is true, it is true. A very happy process, a special reading memory. As a former companion, after feeling the wonderful works, I also saw the expert prosecutor who used dreams as horses and struggling to move forward again. Naturally, he also looked forward to his next wonderful opening.

(Wang Cuijie: Lawyer of Beijing Haotian Law Firm, Master of Procedure Law of Tsinghua University, Prosecutor of the First Branch of the Beijing Procuratorate First Branch)

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