Email: uibexhy@sina.com

haixu@umich.edu

EDUCATION

SJD  (2018), University of Michigan Law School . Xu's dissertation project is entitled, "Innovative Approach to Anti-BEPS Partnership and the Coherence of International Tax Law: Find a middle way between double taxation and double non-taxation." Xu's dissertation project will diagnose and identify all relevant factors causing BEPS behaviors, and prescribe some holistic policy advice on the institutional innovation to address the BEPS issue in a fair, inclusive, and sustainable way.

LLM,  University of Michigan Law School,2015.

PH.D (1999), Institute of Law, Chinese Academy of Social Sciences (CASS),1999.  The dissertation title is Study on Agency Law in Anglo-American System. As the first comprehensive monograph in China, it has been widely cited by Chinese scholars, lawyers, students and judges.

PROFESSIONAL EXPERIENCE

Full professor of law (2009--present), Supervisor of PH.D candidate, School of Law, UIBE

Associate Professor, UIBE Law School（2002-2009）.  

RESEARCH INTERESTS

Civil Law

International Tax Law

VISITING SCHOLARSHIPS

1. Visiting Scholar, University of Michigan Law School (2011-2012).

2. Visiting scholar, University of Wisconsin Law School (2008-2009).

 

SCHOLARLY ACCOMPLISHMENTS

ACADEMIC HONORS AND PRIZES

1. The Second Place for the monograph, “The Legal Study on the Condominium Management”，Law Press，in the Eleventh Best Research Reports Competition, organized by of Beijing Municipal City,2010.

2.  The first Place for the academic paper, “The New Category of Civil Rights in the Food Safety Law” in the Competition of Papers for China Summit of Rule of Law on Food Safety, organized by China Law Society, 2011.

REPRESENTAVE ACADEMIC ARTICLES

1.  Evaluating BEPS: A Reconsideration of the Benefits Principle and Proposal for UN Oversight, Harvard Business Law Review, Vol 6, No.2, Summer 2016.  co-write with Prof. Reuven S. Avi-Yonah. Available at SSRN: http://ssrn.com/abstract="2716125" or http://dx.doi.org/10.2139/ssrn.2716125

2.  Global Taxation after the Crisis: Why BEPS and MAATM are Inadequate Responses, and What Can Be Done About It ,January 15, 2016, with Prof. Reuven S. Avi-Yonah, University of Michigan Public Law Research Paper No. 494. Available at SSRN: http://ssrn.com/abstract="2716124" or http://dx.doi.org/10.2139/ssrn.2716124

3.A Global Treaty Override? The New Oecd Multilateral Tax Instrument And Its

Limits. Michigan Journal of International Law

4.The transitional period and the impact on tax competition and the implementation of the BEPS project

3.  “Doing Business in a Connected Society: the GSK Bribery Scandal in China”, University of Illinois Law Review, Vol.1, 2016, with Cindy A. Schipani and Junhai Liu, http://illinoislawreview.org/wp-content/ilr-content/articles/2016/1/Schipani.pdf

4. The Future of Securities Class Actions Against Foreign Companies: China And Comity Concerns, University of Michigan Journal of Law Reform, VOL.46, 2013, P.1315- 1360 (with Dana M.Muir and Junhai Liu).

5. The Legal Status of Early Embryos and the Right of the disposition of Frozen Embryos, Legal Forum, Vol.4, 2014.

6. The infringement of the Fetus’s Health Right: Identification of the tortfeasor and the Establishment of the Framework of Liabilities, Gansu Social Sciences， Vol.6,2014.

7. Pledge on Carbon Emission Right and Legislative Suggestions, Northern Legal Science, Vol. 1, 2014.

8. Research on the Controversial Issues on the Reform of Chinese Consumer Protection Law, Legal Forum, Vol.4, 2013.

9. Research on the Controversial Issues of the Amendment of Consumer Protection Law, Legal Forum, sponsored by Shandong Law Society, Vol.4, 2013.

10. On the Perfection of Indemnity System for Punitive Damages in the Amendment of Chinese Consumer Protection Law, Western Law Review, sponsored by Gansu Political Science and Law Institute, Vol.2, 2013.

11. Interpretation and Innovation of Punitive Damages in China, Journal of Law Application, sponsored by National Judges College, Chinese Supreme Court, VOL.10, 2013 (with Junhai Liu).

12. Upgrading of the Philosophy of Consumer Protection and the Systematic Innovation: Focusing on the Amendment of Consumer Protection Law, Law Science Magazine, sponsored by Beijing Law Society, Vol.5, 2013(with Junhai Liu).

13. On the Legal Nature of Over-collateralization and Its Application Problems in Asset Securitization in China, Legal Forum, sponsored by Shandong Law Society, Vol.1, 2012.

14. The Dividing of the Equity Shares in the Case of Divorce, News of People’s Court, Nov.9, 2011.

15. The Reflection and Restructuring of the Rule of Share Pledge in Limited Liability Corporations, China Legal Science, Sponsored by China Law Society, Vol.3, 2011.

16. The Judicial Remedies to the Defective Resolutions of the General Assemblies of the Real Estate Owners, and the Interpretation and Reform of Article 78 (2) of Property Laws, Journal of Peking University, Vol.4, 2009.

17. The Ownership of Parking Lots in the Community of Condominiums, Journal of Social Sciences, sponsored by Shanghai Academy of Social Sciences, Vol.2, 2009.

18. The New Category of Civil Rights in the Food Safety Law, Law Forum, sponsored by Shandong Law Society, Vol.3, 2009.

19. The Agency Relationships between the Securities Firms and their Customers, Law Science Magazine, sponsored by Beijing Law Society, Vol.3, 2008.

20. The Research on the Self Regulatory Rules of Condominiums, Legal Forum, sponsored by Shandong Law Society, Vol.2, 2008.

21. The Research on the Pure Economic Loss Compensation and the Liabilities of Misstatements of Intermediaries in Securities Market, Gansu Social Science, sponsored by Gansu Academy of Social Sciences, Vol.3, 2008;

22.  The legal Validity of Standard Form Contracts for Prohibiting Consumers from Caring in Their Drinks, Contemporary Legal Science, sponsored by Jilin Law Society, Vol.5, 2007;

23. Legal Validity of the Security Contract Signed by Ultra Vires Representative of the Corporate Guarantor, Legal Science, sponsored by East China University of Political Science & Law, Vol.9, 2007;

24.  Public Interest and Compensation for House Dismantling, Law Review, sponsored by School of Law, Wuhan University, Vol.4, 2007;

25. Several Thoughts on the System of the Tort Liabilities of the Accounting Firms, Tribune of Political Science & Law, sponsored by China University of Political Science & Law, vol. 3, 2007.

26.  Protection of the Rights of the Lottery Consumers, Law Science Magazine, sponsored by Beijing Law Society, vol. 1, 2007.

27. Legal Interpretation of the Unilateral Interpretation Clause in the Standard Consumer Contracts, People’s Judicature, sponsored by Supreme Court of Justice,Vol.12, 2006;

28. On Consummation of Chinese Agency System, Journal of Yangtze University, Social Sciences Edition,Vol.2, 2005;

29. On the Interaction between Self-Regulation and Administrative Regulation in the Securities Market, Academic Journal of Hang Zhou Normal College, Social Sciences Edition, Vol.2, 2005;

30. An Analysis of the Legal Concept of Lottery, Academic Journal of Hang Zhou Normal College, Social Sciences Edition, Vol.1, 2005;

31. Reflections on the Introduction of Punitive Compensation Mechanism into Chinese Legal System, Academic Journal of Hang Zhou Normal College, Social Sciences Edition, Vol.2, 2004; Republished by mainstream academic digest, Civil & Commercial Law sponsored by Renmin University of China,Vol.7, 2004;

32. Reflections on the Establishment of Owner-Mortgage in China, Academic Journal of University of International Business & Economics, Special Edition on International Business, 2004;

33. The trends of Convergence of Agency Law Systems in Civil Law and Common Law Families and the Strategies to Reform Chinese Agency Law, International Business Law Review, Vol.5, 2003;

34. Comments on Sub-Agency, Contemporary Legal Science, sponsored by Jilin Law Society, Vol.8, 2002;

35. Legal Analysis of Transfer of Sports Club Memberships, Contemporary Legal Science, sponsored by Jilin Law Society, Vol.11, 2002;

36. Legal Issues on Corporate Reform of State-Owned Railway Enterprises, Law Science Magazine, sponsored by Beijing Law Society, Vol.3, 2000;

37. Some Critical Issues on Government Procurement Legislation, Legal Daily, February 1, 2000;

38. Study on Agency by Estoppel, Academic Journal of the Graduate School of Chinese Academy of Social Sciences, Vol.3, 2000;  

39. Medical Malpractice: Tort or Breach of Contracts, Beijing Daily, October 16,1999;  

40. The Legal Relationship Between Landlords and Tenants, Legal Daily, June 7,1999;

41. Comments on codification of European Civil Code, Contemporary Legal Science, sponsored by Jilin Law Society,Vol.2, 1999; Republished by mainstream academic digest, Civil & Commercial Law sponsored by Renmin University of China, Vol.8, 1999;

42. Agency by Ratification in Common Law System, Foreign Law Translation and Comments, sponsored by Institute of Law, Chinese Academy of Social Sciences (CASS), Vol.2, 1999;

43. Review on Chinese Business Law Study in 1998, CASS Journal on Legal Study, Vol.1, 1999;

44. The Legislation Policy on the Reform of State-Enterprises, Academic Journal of the Graduate School of Chinese Academy of Social Sciences, Vol.2, 1998;

45. Comparative Study on Indirect Agency, Foreign Law Translation and Comments, sponsored by Institute of Law, Chinese Academy of Social Sciences (CASS),Vol.4, 1998;Republished by mainstream academic digest, Civil & Commercial Law sponsored by Renmin University of China, Vol.3, 1999;

46. The review and comments on the commercial law research in 1997, CASS Journal of Law, Vol.1, 1998;

47. Relieve the farmers’ taxation burden, Democracy and Legal System, sponsored by China Law Society,Vol.4, 1996;

48. Legislation Proposal on Fighting Against Illegal Extravagant Profit-making, Chinese Women Daily, Dec.10th, 1994;

49. Comments on American Limited Liability Corporations, Law Science Magazine, sponsored by Beijing Law Society,Vol.5, 1994.

RESEARCH PROJECTS AND GRANTS

1. Research on the Legal System of the Trust Transferability of the Right of Land Contractual Management in the Process of New Urbanization,  Key project, National Social Science Foundation（14AFX017).

2. Legal Study on the Condominium Management, Ministry of Education（07JC820029）, 2007.

3. Comparative Research on Improving Chinese Secured Transaction System,, China Law Society（CLS-C0923）,2009.

4. Research on the Reform of Consumer Protection Law, State Authority of Industry and Commerce, 2009.  

5. Comparative Research on General Principles of Civil Law, UIBE 211 Research Project, 2002. The research work was published by the Pres of Chinese People’s Police University in 2004.

6. Research on the Frontier Issues of Chinese Security System, UIBE 211 Research Project, 2008.

7. Core Member, The Drafting of Chinese Civil Code, National Social Science Foundation（00BFX013）, Chaired by Prof. Liang Huixing at Institute of Law, CASS,2001. The research report was submitted to Legislative Affairs Committee, Standing Committee, National People’s Congress in 2004. The Chinese version of “The Draft Civil Code of the People’s Republic of China was published by the Press of Law in China in 2004.Its English version was published by Martinus Nijhoff publishers (Leiden. Boston ) in the Netherlands, 2010.

8. Core Member, The Study on the Legal Issues of Regulation, Improvement and Development of Capital Market, National Social Science Foundation, （05CFX013), 2005. The research report was evaluated as the top quality by National Social Science Foundation.

9. Core Member, Research on the Legal Structure of Lotteries, Ministry of Civil Affairs, Chaired by Prof. Mo Jihong at Institute of Law, CASS, 2005.

10. Core Member, The Comparative Study on the Legal Status of Stock Exchange, Shenzhen Stock Exchange, Chaired by Prof. Liu Junhai, 2003.

11. Having submitted a research report on the indirect agency system for the codification of Contract Law to the Commission of Legal Affairs, NPC, and having successfully advised the legislature to introduce American legal system on unnamed agency and undisclosed agency into Chinese Contract Law of 1999 in Article 402 and Article 403.

REPRESENTATIVE ACADEMIC BOOKS

1. The Research on Public Disclosure of Collaterals and the Rules of Prioritization ，Law Press，2016.

2. The Legal Study on the Condominium Management，Law Press，2009.

3. Text book of Civil Law, chief editor, Press of University of International Business & Economics, 2007.

4. Study on Agency Law in Anglo-American System, Ph.D Dissertation, Law Press, 350,000 words, July 2000;

5. Comments on the Cases of Secured Transaction in Anglo-American System, Press of University of International Business & Economics, 2005.

6. Comparative Study on Philosophy of Civil Law, Press of China University of Peoples' Police, 380,000 words, 2004;

7. General Issues of Civil Law, Press of University of International Business & Economics, 260,000 words, 2004;

8. The Draft Civil Code of the People’s Republic of China, Co-authored with Prof. Liang Huixing and other scholars, Press of Law in China, 2004.

9. Comparative Study on Civil Law, Core author and Deputy Chief Editor, Press of China University of Peoples' Police, 150,000 words, 2002;

10. Questions and Answers of New Contract Law, Co-author, Press of Law, July 1999;

11. Questions and Answers of Securities Law, Co-author, Press of Law, May 1999;  

12. Annotation and Interpretation of the Law of Negotiable Instruments, Co-author, Press of people’s court, 1996;

13. Exercise and Protection of Various Women's Rights, Press of People’s Court, 1995;

14. Annotation and Interpretation of Guarantee Law, Press of People’s Court, 1995;

15. Practical Guidelines to Enterprise Law, Press of Materials, 1993.

TRANSLATION WORKS

1. Co-Translator, “The Anatomy of Corporate Law: A Comparative and Functional Approach”, co-authored by Reinier Kraakman, Paul Davies, Henry Hansmann, Gerard Hertig, Klaus J. Hopt, Hideki Kanda, Edward B. Rock, Press of Peking University, 2007;

2. Co-Translator, “The Future of Law: Facing the Challenge of Informational Technology”, authored by Richard Susskand, Press of Law, 2004;

3. Translator, “New Rules of ICC Contract Guarantees”, Civil & Commercial Law Review, Vol.9, published by Press of Law, 1998；

4. Translator, "Human Rights and the Social Economic Development", Translations and Comments on Foreign Laws, sponsored by Institute of Law, Chinese Academy of Social Sciences (CASS),Vol.4, 1997;

5. Translator of the official English version of Chinese Guarantee Law of 1995, at the invitation of the Legal Affairs Committee of National People's Congress (NPC);

6. Translator, "The Director’s Liability & The Insolvent Companies"(Translation Article), Translations and Comments on Foreign Laws, sponsored by Institute of Law, Chinese Academy of Social Sciences (CASS),Vol.3, 1995.

MAIN TEACHING ACTIVITIES

1. Teaching Chinese Civil Law, including agency, property, contract, secured transaction and tort at UIBE Law School since 2002.

2. Visiting Professor at Law School of City University of Hong Kong, and taught a course of Chinese Civil Law in English to the students from October 2005 through December 2005.;

3. Teaching Chinese Civil Law in English to Canadian law students at the invitation of China University of Political Science & Law in June 2002, June 2003, and June 2004;

4. Teaching Chinese Civil Law in English to European lawyers in University of International Business & Economics at the invitation of EU-China Legal and Judicial Co-operation Program in April, 2003;

Teaching Chinese Civil Law including general principle of civil law, contract law and secured transaction law at Northern Jiaotong University and University of International           Business & Economics for eight years since 1999.