On the morning of November 13th , researcher Zhang Yongjian from Taiwan's Academia Sinica gave a lecture entitled "Empirical Research on Sector Law: Taking Civil Litigation as an Example" at Room 203, KoGuan School of Law, Xuhui Campus, Shanghai Jiao Tong University. This lecture was sponsored by Shanghai Jiao Tong University Law and Society Center and Law and Cognitive Science Center. Professor Cheng Jinhua was a talkative and Zhao Xiuju was an associate professor. Prof. Peng Chengxin, Prof. Li Xueyao , Prof. Lin Xifen and some of our masters and doctoral students also attended the talk.
Via the analysis of statistical data, teacher Zhang Yongjian firstly took Japan as an example. He demonstrated two major types of consumer lending cases and cases involving the return of excess interest on banks, which also has exerted tremendous influence on the number of Japanese seats and the number of absentee judgments, the resolution rate of cases and so on. He also tried to explore the underlying causes of this effect. Then, taking Taiwan as an example, he used empirical data to explain the uniqueness of the loan cases comparing to non-loan-related cases in aspects of the plaintiffs' success rate, litigation procedure and appeal rate. Moreover, he found that the greater the subject amount of the loan case, the longer the trial, which proves the rationality of the judicial allocation of resources by the court. Finally, Zhang Yongjian hopes to use Taiwan's civil litigation statistics to test the theories of disagreement, information asymmetry and risk avoidance in the U.S. legal and economic analysis respectively, with regard to the prevalence rates of plaintiffs and cases, as well as the rates of winning the plaintiffs and the amounts claimed correctness of different prediction models of relationship. Taiwan's statistics basically confirm the expectation of divergence expectation and risk avoidance theory, but do not support the theory of information asymmetry.
In the appraisal link, Prof. Cheng Jinhua highly praised Prof. Zhang Yongjian for his deep academic foundation and made suggestions for the possible future improvement and expansion of the research. He also pointed out the many difficulties encountered in the empirical study of law in mainland China. Later, Professor Lin Xifen and some Ph.D. students proposed questions about the lecture. Professor Li Xueyao also expressed his views on the relationship between the amount of the subject matter, the rate of settlement and the type of entrusted lawyer. Teacher Zhang Yongjian responded to them one by one. After the lecture, Teacher Zhang Yongjian, Professor Cheng Jinhua and some of our masters and doctoral students had lunch together. During the banquet, students exchanged their ideas with Mr. Zhang about the legal demonstration and the discussion was very lively.