Position：
Doctor of International Economic Law, Grade III Professor in Law School of Guangdong University of Foreign Studies, Part-time lawyer of Yang & Lin Co. Law Firm.
Working languages:
Chinese, English
Work experience:
Engaged in foreign-related economic trials for 4 years at Fangchenggang Intermediate People’s Court in Guangxi.
Trialed maritime cases in Guangzhou Maritime Court for 5 years.
From 2003 to 2015, taught at Law School of Guangzhou University.
2015- till now, taught at Law School of Guangdong University of Foreign Studies
Since 2004, served first at Guangdong Everwin Law Office and later at Yang & Lin Co. Law Firm as a part-time lawyer
Served as arbitrator at Guangzhou Arbitration Commission, Foshan Arbitration Commission, and Zhuhai Arbitration Commission
Representative cases:
Mr. Xiang Minghua has been engaged in foreign-related economic trials, maritime trials, as an arbitrator or part-time lawyer for more than 20 years, during which he has undertaken a large number of cases, including myriad novel, difficult and complex cases.
1. No.111 Guiding Case of the Supreme People's Court
The Supreme People's Court Guiding Case No. 111, namely, the retrial case of letter of credit issurance dispute between China Construction Bank Guangzhou Liwan Sub-branch and Guangdong Lan Yue Energy Development Company Limited [(2015) Min Tizi No. 126].
The lawyer instructed CCB Guangzhou Liwan Branch to apply to the Supreme People's Court for retrial, arguing that the courts of first and second instance erroneously denied the legal attributes of the bill of lading as a document in rem and its effect on the world, and erroneously applied ordinary law to deal with maritime bills of lading, documentary credits and special legal relationships of commercial trust, which is a typical major error in the application of law.
The Supreme People's Court ruled that the judgment of the Court of Second Instance shall be reversed and the judgment of the Court of First Instance regarding the payment of the principal and interest of the letter of credit and the guarantor's joint and several guarantee liability be upheld, and ruled that the CCB Guangzhou Liwan Branch should have the priority right to the disposal price of the bill of lading goods under the letter of credit in question.
The Supreme People's Court clarified a number of complex and difficult issues in China's trial practice through this retrial case, which is of great guiding significance for China's foreign-related trials and was included and ranked first in the second batch of 10 typical cases on the "Belt and Road" construction issued by the Supreme People's Court in 2017.
2. Ship insurance contract dispute between the plaintiff Quanzhou Jincheng Shipping Company, Nanjing Ocean Shipping Co., Ltd. and the defendant People's Insurance Company of China Beihai Branch
The lawyer presided this complex case when he served in Guangzhou Maritime Court. The insurance subject matter of the case was MV "Nanjing". At 1930 hours on January 19, 1999, MV "Nanjing" was running on the river near Dongjiadu of Huangpu River in Shanghai Port when its rudder failed and the vessel collided with the North Terminal of Shanghai Port Coal Handling Company and three tug boats "Meisi Tug 1", " Meisi Tug 2" and " Meisi Tug 3", resulting in huge losses. The case was complex and involved many legal difficulties. The judgement of the case is the Chinese first maritime adjudication document that disclosed the different rulings of the panel members and is made public with great influence on China's foreign-related maritime commercial trial website.
3、Loan Contract disputes between Huajie Ltd. and Shenzhen Xinhuipeng Investment Management Co., Ltd. and others
The case is a foreign loan contract dispute in which the lawyer represented the appellee, Shenzhen Xinhuipeng. In the case, Huajie Group Limited, a Hong Kong company, appealed on the grounds that the service of process by the court of first instance was illegal and attempted to prevent the first instance judgment from taking effect. The court of second instance accepted his representation opinion and ruled to reject the appeal.
During his engagement in trial, he has judged more than 400 foreign-related cases on international trade, investment, finance, intellectual property, as well as maritime transportation, ship collision, maritime oil pollution damage, maritime insurance, crew labor, etc. As an arbitrator and part-time lawyer, he has handled more than 1,000 legal affairs of various arbitration, litigation and non-litigation cases, and has served as legal counsel for many state organs, enterprises and institutions. He has published more than 60 legal papers in top legal journals such as "Jurist", "Law Review", "Modern Law" and "Legal Business Research". He has authored or co-authored 15 legal books in People's Publishing House, Law Publishing House, etc.