Faculty
The China-America Law Institute

Prof. GAO Xiang

Data:November 16, 2012    Click:     Source:

Professor Xiang Gao

Phone: +86 (10) 5890 8525; Email:gao_x@hotmail.com; xiangg@cupl.edu.cn

Address: College of Comparative Law,China University of Political Science and Law, 25 Xitucheng Road, Haidian District, Beijing,100088, PRC

 

Academic Qualifications

(1)July 2001    PhDin law, University of New South Wales (UNSW), Australia

(2)May 1997   LL.M in Corporate, Commercial & Taxation law, UNSW

(3)July 1990    LL.M in Civil law, China University of Political Science & Law (CUPL), PRC

(4)July 1987    BA in English, Beijing Foreign Studies University, PRC

(5)Dec 1981    Diploma in English, Lvliang Branch, Shanxi Teachers College

 

Full –Time Employment

(1)Jan. 2011- present, Dean and Professor of Law, College of Comparative Law, PhD Supervisor & Director of the Centre of International Banking Law & Practice, CUPL, PRC.

(2)Jan. 2007 – Jan. 2011, Professor of Law, PhD Supervisor& Director of the Centre of International Banking Law & Practice, CUPL, PRC

(3)Apr. 2004 – Jan. 2007, Lecturer, Senior Lecturer (Sept 2005 onwards) & Director of China Law Programs, School of Law, University of Canberra, Australia

(4)July 1990 - Apr. 2004, Law Clerk, Judge, Supreme People's Court of the PRC; Deputy President, Qinhuangdao Intermediate People's Court

(5)Dec 1981- Sept. 1985, English Teacher, Liuling No 1 High School, Shanxi Province, PRC

 

Publications

(A) Books

(1)The Changes and Development of the Law in Macau in the Time of the Integration of the Region, (ed), Yuanzhao Publishing House, Taiwan, May, 2015

(2)The Asian Law of the 21st Century in the Changing World, (ed), China University of Political Science and Law Publishing House, Jan, 2015

(3)Exchange and Integration of the Contemporary Legal Systems, (ed), China University of Political Science and Law Publishing House, Aug, 2013

(4)Law of Banking, (with Wang Weiguo et al), Law Press, Nov, 2011

(5)The Fraud Rule in the Law of Letters of Credit – A Comparative Study, Kluwer Law International, London, 2002. Cited twice in the US case ofFortis Bank v Abu Dhabi Islamic Bank, 32Misc. 3d 1232(A); 936 N.Y.S.2d 58; 2010 N.Y. Misc. LEXIS 6658; 2010 NY Slip Op52415(U)

(6)Learning Copyright Law though Cases, (with ZHANG Peiling etal), Beijing Polytechnical University Press, Beijing, 1991

 

(B)  Book Chapters

(1)“The trend of China's foreign investment legal system: From the perspective of the China (Shanghai) Pilot Free Trade Zone” (with Huiqing Jiang) in Ligang Song, Ross Garnaut (ed),China's Domestic Transformation in a Global Context, ANU Press 2015, forthcoming

(2) “Comparative Law Research in China Facing the Challenges of the 21st Century” (with Huiqing Jiang) in Harro von Senger (ed),The Law of the People's Republic of China Facing the Challenges of the 21st Century, forthcoming

(3)“The Disgorgement Damage System in Chinese Law” (with Chengwei Liu) in Hondius and Janssen (ed),Disgorgement of Profits - Gain-based Damages for Breach of Law or Contract, Springer International Publishing, forthcoming

(4)“Foreign Investment Laws and Policies in China –historical views and current issues”, (with Huiqin Jiang) in Ligang Song, Ross Garnaut and CAI Fang (ed),Deepening Reform – For China's Long-Term Growth and Development, Social Sciences Academic Press 2015, 453

(5) “Foreign Investment Laws and Policies in China – historical views and current issues”, (with Huiqin Jiang) in Ligang Song, Ross Garnaut and CAI Fang (ed),Deepening Reform – For China's Long-Term Growth and Development, ANU Press 2014, 531

(6)“Chinese Investment in Australia: reflections and observations” in Geoffrey Nicoll, Gerard Brennan and Jane Golley (ed),The Australia-China Investment Relationship, Canberra, Australia, September 2013, 85

(7)“Differences and Similarities between Commercial and Standby Letters of Credit”, in Sun Yimin (ed)Doctrines and Judicial Practices of Letters of Credit, Fujian People's Publishing House, 2003, 126

(8) “How to Deal with a Void Contract”, YANG Lixing (ed)Solutions for Hard Civil and Economic Cases, Jilin People's Publishing House, Changchun, 1992

 

(C) Books (Contributing Author)

(1)Australian Law Dictionary, Oxford University Press, Oct 2009

(2)Boundaries of Chinese Laws, China Broadcasting &Television Publishing House, Beijing, 1993

(3)Civil Justice Handbook, Jilin People's Publishing House, Changchun, 1992.

(4)Legal Guide for Running a Business, Metallurgical Industry Press, Beijing, 1990

 

(D)Articles

(1) “The Legal Position of Domestic Independent Guarantees and Standby Letters of Credit in the PRC”, (2014) 6 Journal of Comparative Law 1

(2) “Australia Should Have a Clear and Stable Strategy towards China”, (2013) 8 The Academic Frontier 52

(3)“Law and Service of Rural Finance in Australia”, (2011) 1 Journal of Comparative Law 108

(4)“The Fraud Rule under the UN Convention on Independent Guarantees and Standby Letters of Credit: A Significant Contribution from International Perspective”, (2010)1 George Mason University School of Law Journal of International Commercial Law 48 at http://www.law.gmu.edu/org/jicl/Current-Issue

(5)“Risk Prevention under a Revolving Letter of Credit”,(2009) 1 Foreign-related Commercial and Maritime Trials 181

(6) “Fraud Rule inthe Law of Letters of Credit in the PRC”, (2007) 41(4) The International Lawyer, 1067, reprinted in James E. Byrne (ed), 2009 Annual Survey of Letter of Credit Law & Practice, pp130-150, abstracted in Folsom, Gordon, Spanogle & Fitzgerald, International Business Transactions: A Problem-Oriented Coursebook, (West, American Casebook Series, 10th Ed), pp368-376

(7)“Bilateral Free Trade Agreements: A Comparative Analysis of AUSFTA and the Forthcoming Australia-China FTA”, (with Andrew Clarke), (2007)30(3) University of New South Wales Law Journal 844

(8)“A Comparative Analysis of the Standard of Fraud Required under the Fraud Rule in Letter of Credit Law” (with Ross Buckley), (2003) Oxford University Comparative Law Forum 3 at ouclf.iuscomp.org, reprinted in James E. Byrne (ed), 2005 Annual Survey of Letter of Credit Law & Practice, pp86-126,

(9)“A Comparative Analysis of the Standard of Fraud Required under the Fraud Rule in Letter of Credit Law” (with Ross Buckley), (2003) 12(2) Duke Journal of Comparative and International Law 293; translated into Persian; abstracted in Bryan Mercurio, International Business Law, Oxford University Press, Nov. 2009. pp116 -121, and in Gerard Comizio, International Banking Law, West Academic Publishing, Sept 2015.

(10)“The Unique Jurisprudence of Letters of Credit: Its Origin and Sources” (with Ross Buckley), (2003) 4 San Diego International Law Journal 91; translated into Persian; reprinted in James E. Byrne (ed), 2004 Annual Surveyof Letter of Credit Law & Practice, pp58-80; abstracted in Folsom, Gordon, Spanogle & Fitzgerald, International Business Transactions: A Problem-Oriented Coursebook, (West, AmericanCasebook Series, 10th Ed), pp301-304

(11)“The Development of the Fraud Rule in Letter of Credit Law: The Journey So Far and the Road Ahead”(with Ross Buckley), (2002) 23(4) University of Pennsylvania Journal of International Economic Law 663, and abstracted in Gerard Comizio, International Banking Law, West Academic Publishing, Sept 2015.

(12)“Presenters Immune from the Fraud Rule in the Law of Letters of Credit”, [2002] (Pt.1) Lloyd's Maritime & Commercial Law Quarterly 10; reprinted in James E. Byrne (ed), 2003 Annual Survey of Letter of Credit Law & Practice, pp62-79

(13)“The Identity of the Fraudulent Party under the Fraud Rule in the Law of Letters of Credit”, (2001)24(1) University of New South Wales Law Journal 119; reprinted in James E. Byrne (ed), 2003 Annual Survey of Letter of Credit Law & Practice, pp80-104

 

 (E) Short Articles, Newspapers, Book Reviews, etc

(1)“How to Ascertain the Expiry Date of a DemandGuarantee”, (with Hongsheng Zhu) (2013) 15 China Forex, 28

(2)“Australia needs a clear China strategy”, The Australian Financial Review, 09 April 2013

(3)“Difficulties Met by SIEs in International Trade and Finance”, (2010) 7 China Forex, 43

(4)New Chinese LC Rules Pt 1 & 2”, (withJames Byrne et al), IIBLP,USA, 2006

(5)“Summary about the UNCITRAL Meeting of Group of Experts on the Study of the UN Convention on Independent Guarantees and Standby Letters of Credit” (2003) 2 Guide and Study on China's Foreign-related Commercial and Maritime Trials 282

(6)Jack, Malek and Quest, Documentary Credits (3rd ed), [2002] (Pt. 2) Lloyd's Maritime & Commercial Law Quarterly 283

(7)“Commercial and Standby Letters of Credit”, (2002) 8 Business World 69

(8)“Current Status of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards” (2001) 1 Guide and Study on China's Foreign-related Commercial and Maritime Trials 350

(9)“Current Status of the UN Convention on Contracts for the International Sale of Goods” (2001) 1 Guide and Study on China's Foreign-related Commercial and Maritime Trials 360

(10)“Ascertaining the Title tothe Land is Critical for the Ascertaining of the Ownership of the House” (1994)6 China Land Forum 38

(11)“How to Deal with a Voidable Contract” People's Court Daily (7 Sept. 1993).

 

(G) Translated Books

(1)Milson SFC, Historical Foundations of the Common Law, (with LI Xiedong at el) China Encyclopedia Publishing House, Beijing, 1999

(2)Ayre JR, Corporate Legal Departments - Strategies for the 1980s, (with MA Chengyuan at el) China University of Political Science & Law Press, Beijing, 1989

 

Research & Teaching Grants

(1) RMB80,000,“Regulations and Practices of Central Governments of Major Foreign Countries onActivities of Legislations”, the Legislative Office of the State Council, Mar. 2015 

(2) RMB1,250,000,“Legal Reform in Macau against the Background of Regional Integration”, (with ZHANG Sheng et al) Macau Foundation, Oct. 2011

(3) RMB90,000,“Study on the Law of Independent Guarantees”, Ministry of Education of the PRC, Sept. 2010, No.132 at http://www.sinoss.net/uploadfile/2010/0930/20100930075027210.pdf

(4) RMB200,000,“Legal Issues Related to the Finance for High-Tech SIEs”,  Beijing Municipality Government, No: Z100008000410009, May 2010

(5) RMB1,000,000,“Well-known Overseas Professor Program”, Ministry of Education of the PRC, No:MS2010ZGZF017;Apr.2010

(6) RMB100,000,“National Bilingual Teaching Model Course –Corporations Law”, Ministry of Education of the PRC, Sept. 2008

(7) A$11,000,“Dispute Resolution under Free Trade Agreements”, (with Dr Geoff Nicoll & Mr Arthur Hoyle), University of Canberra, Jan. 2007

(8) A$5000,“Negotiation under the Law of Letter of Credit”, School of Law, University of Canberra, Jan. 2007

(9) A$2,000,“Law of Fossil Protection in the PRC”, School of Law, University of Canberra, Apr. 2005

 

Recent Interntional Conference Presentations

(1)22/04/2015, “A Glance of LC Fraudin Law and Practice in the PRC”, 2015 Annual Meeting of the ICC Banking Commission, Singapore

(2)03/01/2015,  “Challenges & Opportunities: U.S. - China Cooperation in Legal Education”, 2015 Annual Meeting of Association of American Law Schools, Washington DC, US

(3)04/11/2014, “Shadow Banking & Its Regulation in the PRC”,Conference on the Future of Shadow Banking, Amsterdam, The Netherlands

(4) 28/09/2014, “Exchanges between Chinese and Australian Law Schools: Reflections and Observations”, The Fourth Sino-Australian Law School Deans Conference, Hangzhou, PRC

(5)21/07/2014, “Disgorgement of Profits by a Wrong in the People's Republic of China”, The XIXth International Congress of Comparative Law, Vienna, Austria

(6)18/07/2014, “Transitionof Civil Law in the PRC”, Juris Diversitas Conference, Aix, France

(7)11/07/2014, “Foreign Investment Laws and Policies in China – historical views and current issues”,2014 China Update, ANU, Australia

(8)18/09/2013, “Difficulties for Small Business Financing in the PRC”, The Second Australia China Investment Relationship Conference, Beijing, PRC se Study: The Second Australia

(9)28/03/2013, “Challenges Facing Comparative Law Research in the PRC”, Sino-Africa Law Deans Conference, Cape Town University, South Africa

(10)28/12/2012, “New Dimensions of Comparative Law Research in China”, 2012 International and Comparative Law Conference, Soochow University, Taiwan

(11)07/12/2102, “Comparative Law inChina Facing the Challenges of the 21st Century”, Conference on Chinese Law Facing the 21st Century, Lausanne, Switzerland

(12)30/07/2012, “Chinese Investment in Australia: Reflections and Observations”, Australia China Investment Relationship Conference, University of Canberra

(13)30/06/2012,“Internationalization of Legal Education in the PRC”, The Third Sino-Australian Law School Deans Conference, Sydney University, Australia

(14)12/08/2011, “Impact of Internationalisation of the RMB to Foreign Operations of the Chinese Banks”, The Chinese and Hong Kong Financial System(s), Hong Kong

 

Selected Other Appointments& Professional Activities

1. Current Leadership Roles in Local, National and International Organisations

(1)People's Representative, People's Congress of HaidianDistrict, Beijing, PRC

(2)Member, Leadership Group for the Drafting of the Civil Code of the PRC, China Law Society

(3)Member, Group of Experts in International Settlement, ICC (International Chamber of Commerce) China Banking Commission

(4)Member, Legal Committee, ICC Banking Commission

(5)Member, Group of Experts for the Revision of INCOTERMS, ICC China

(6)Designated Chairman, ICC China CLP Commission

(7)Member, ICC CLP Commission

(8)Executive Council Member, Beijing Law Society, PRC

(9)President, Society of Comparative Law, Beijing, PRC

(10)Deputy President, ChinaSociety of Comparative Law

(11)Secretary-General, China-European Law Centre of China Law Society at CUPL

(12)Secretary-General, Executive Council, Asia Academy of Comparative Law

(13)Director, The Base for the Ascertainment of Foreign Laws of the Supreme People's Court of China – The Centre for the Ascertainment of Foreign Laws at CUPL

(14) Member, Banking Law Society of the PRC

 

2. Journal Affiliations

(1)Editor-in-Chief, Journalof Comparative Law, PRC

(2)Member, Board of Advisors, The Chinese Journal of Comparative Law

(3)Member, Board of Advisors, George Mason University School of Law Journal of International Commercial Law

 

3. Adjunct Positions

(1)Since April 2015, Adjunct Professor, College of Lawand Justice, Victoria University, Australia

(2)Since Nov 2011, Adjunct Professor, Shanxi University, PRC

(3)Feb. 2006 - Feb. 2009, Adjunct Professor of Law ,Faculty of Law, Renmin University, PRC

 

4.    Other Appointments and Professional Activities

(1)Since Mar. 2015, DOCDEX Expert, ICC

(2)Since May 2008, Arbitrator, China International Economic and Trade Arbitration Commission

(3)Sept. 2007-Sept 2012, Arbitrator, Beijing Arbitration Commission, PRC

(4)Since Feb. 2006, Member, Legal Advisory Council, Institute of International Banking Law & Practice (IIBLP), USA

(5)Since May 2005, Member, Asian Advisory Council, IIBLP

(6)Apr. 2004, speaker & moderator, International Commercial Fraud Colloquium organized by United Nations Commission on International Trade Law (UNCITRAL) in Vienna, (Member of the Program Committeefor the Colloquium from Dec. 2002)

(7)Since Mar. 2004, Expert Witness or Legal Consultant formany law firms, banks, governments and other agencies in numerous cases in both the PRC and abroad

(8)Feb. 2003 - Mar. 2004, Chief Investigator, the Supreme People's Court's legal reform research project, “Reform of the Procedures for Retrial of Foreign-related Commercial and Maritime Cases”

(9)Feb. 2003 - Mar. 2004, Coordinator for the drafting ofthe Civil Code of the PRC, No. 4 Civil Division of the Supreme People's Courtof the PRC

(10)Feb. 2003 - Mar. 2004, Member of editorial board and inaugural Executive Editor, Report of Foreign-related Commercial and MaritimeCases

(11)Dec. 2002, Member, Group of Experts on Commercial Fraud, UNCITRAL

(12)Oct. 2002 - Apr. 2003, Judge, Preliminary Rounds in China, 12th Manfred Lachs Space Law Moot Court Competition

(13)Sept. 2002, Member, UNCITRAL Group of Experts on the Study of the UN Convention on Independent Guarantees and Standby Letters of Credit

(14) Since July2001, Panelist, IIBLP's Asian Annual Survey of Letters of Credit Law & Practice in Shanghai, Beijing, Hong Kong and Singapore

(15) Apr. 2001 - Mar.2004, Member of editorial board and inaugural Executive Editor, Guide &Study on China's Foreign-related Commercial and Maritime Trials

(16)Since Apr. 2001, regular speaker to judges, lawyers, bankers and others in China and abroad on the law of letters of credit and independent guarantees

(17)Jan. 2001 – Jul. 2006, Senior Fellow, Tim FisherCentre for Global Trade & Finance, Bond University, Australia