DAI Qingkang, Associate Professor
Education Background
·September 2001-January 2005 Southeast University, Nanjing, China
Ph.D
-September 1996-July 1999 Peking University, Beijing, China
Master of Law
-September 1987-July 1991 Sichuan University, Chengdu, China
B.A.
Research field
· Private International Law
- Medical Law.
Appointments/Titles
· The Assistant to the Dean
· The Secretary-General of the Jiangsu Provincial Society of Laws of Hong Kong, Macao and Taiwan.
Academic Achievement
-Publications in English
1．Informed Consent In China, Status Quo and Its Future, Medical Law International(UK), 2003, Issue 1.
2．Legal Traditions and the Ratification of the CISG Convention in China and the United Kingdom, Beijing DHH Law Firm Law Review Quarterly, 2011, Spring Issue.
-Publications in Chinese:
I. Monographs:
1. China Legislation on Mental Health: A Critical Study from Human Rights Perspective, Southeast University Press, 2016.
2. On the Ethical Legitimacy of the Order of Rights——With a Focus on the Rights of the Mentally Disabled and the Ethical Justifications for Their Legal Protection, China Social Science Press, Beijing, 2007
3. The Conflict of Laws and Choice of Laws for International Trusts,Southeast University Press, 2009.
II. Articles on Commercial Laws (including international commercial law)
1.Fraud and Anti-fraud in International Construction Contracting, in The Study on Fraud and Anti-Fraud in International Trade, edited by Jiang Qi, published by China Law Publishing Press, 2015;
2.On Compulsory Transfer of Shares as a Resolution of Corporate Deadlock—with Comments on Lin v. Kailai Co. etc, Journal of Southeast University Philosophy and Social Science, 2015, Issue 6.
3.The “Detriment” in Article 5 of CISG Convention, Southeast University Law Review, 2009, Issue 2;
4.Defining “the Third Party” in Article 169 of China Maritime Law: A Critical Comment on Clause 5 of the Judicial Opinion of China Supreme Court, Dalian Maritime University Journal (Social Science Edition), No.4, 2009;
5.Hague Convention and the Chinese Legislation on the Choice of Law Rules for International Trusts, Southeast University Law Journal, 2009, Summer Issue.
6.Restructuring Chinese Legal Mechanics for Non-cash Capital Contributions: Experience from Japanese, Zhong Ri Gongsi Qiye Fa Bijiao Yanjiu (Comparative Studies on Japanese and Chinese Company Laws), edited by Li Liming, Falv Chubanshe (Law Publishing Press), 1998;
7.The Shipper’s Liabilities When Shipping Dangerous Goods, Haishi Shenpan (Maritime Judicature), No. 4, 1998;
8.Legal Issues of Convertible Bonds, Zhongguo Jingji Ribao (Economic Daily of China), November 18, 1997;
9.Re-Considering the Doctrine of the Most Significant Connection in Private International Law (co-authored with Prof. Wang Hui), Zhong Wai Faxue (Peking University Law Journal), No. 4, 1997;
III. Articles on Medical Law
1.The Right to Health as Human Rights, China Health Law Quarterly, 2013, Issue 6;
2.The Ethical Justification of the Right to Medical Care, Hebei Law Journal, No.4, 2007;
3.Brain-Death Standard and Organ Transplant:Ethical Uneasiness and Legal Helplessness, the Jounal of Medicine & Philosophy, No. 7, 2006;
4.The Diagnosis of Mental Disease: A Scientific or Ethical Judgment? The Journal of Medicine & Philosophy, No. 7, 2005;
5.On the Issues of Mental Disease Treatment and the Protection of the Rights of Patients with Mental Disease, The Journal of Medicine and Society, No. 1, 2004;
6.Mental Disease, Social Control, and Ethical Conflict, The Journal of Medicine & Philosophy, No. 7, 2004;
7.On Mutual-Aid Liability Insurance of Medical Professionals in England and Wales, Nanjing Yike Daxue Xuebao (Journal of Nanjing Medical University), Social Science Edition, Vol. 3, No. 1(2003);
8.On the Defects of Chinese Legislation on Informed Consent, Yixue Yu Zhexue (Journal of Medicine and Philosophy), Vol 23, No. 7 (2002);
9.A Comment on British Revision of Mental Health Act, Falv Yu Yixue Zazhi (Journal of Law & Medicine), Vol. 9, No. 3(2002);
10.Legal Issues in Withdrawal of Treatment by Patients or Their Relatives, Yixue Yu Zhexue (Journal of Medicine and Philosophy), Vol. 23, No. 3(2002);
11.The Doctor’s Active Withdrawal of Treatment: Legal Perspective, Yixue Yu Zhexue (Journal of Medicine and Philosophy), Vol. 21, No.6, 2000;
12.Comments on the PRC Law of Registered Doctors, Jiangsu Shehui Kexue (Jiangsu Social Science), Medical Humanities Edition, 1999;
IV. Articles on Ethics
1.What Economics can Contribute to Ethics: After Reading Broom's Ethics Out of Economics, Xian Dianzi Keji Daxue Xuebao (Journal of Xiadian University), Social Science Edition, Vol. 13, No. 1 (2003);
2.On Confuscian Traditions and Paternalism in Chinese Medicine, Jiangsu Shehui Kexue (Journal of Jiangsu Social Sciences), Medical Humanities Edition, 2002;
3.Weighing for Order v. Weighing within Order: the Difference between Mencius and Socrates,Xian Dianzi Keji Daxue Xuebao (Journal of Xiadian University), Social Science Edition, Vol. 12, No. 3 (2002);
Research Projects
1．·A Critical Study on FIDIC Silver Book (General Conditions of EPC/Turnkey Contract), Funded by China New Building Materials Design & Research Institute, 2014-2015;
2．Research on China Legislation on Mental Health from Human Rights Perspective, funded by China Social Science Research Fund, 2010-2014;
3．Research on the Right to Health as a Human Right, Funded by Jiangsu Social Science Research Fund, 2009-2013;