The Path of China and the Civil Code of China: 100 Real-World Issues That Cannot Be Ignored

Author: Yang Suquan
Publisher:
Publishing Date: 2005-05-01
Features: Paris, a land of abundant treasures, seems to be a paradise for foreigners, a place where one can escape the worldly ambitions of their home country and live in tranquility, immersed in their own world. Originally, I planned to use the three years of quiet (and purification) opportunity here to organize and publish my doctoral dissertation. However, my thoughts kept being entangled with the fate of my nation, and the initial purpose of publishing the graduation thesis gradually took a backseat.
A thick book titled Draft Civil Code of the People's Republic of China on my desk kept calling to me to flip through it, make annotations, and ponder how to inspire my graduate students to write papers and complete assignments. Thus, I decided to use this book as a double-edged sword. On one hand, I would futilely record a few "minor yet meaningful suggestions for the Draft Civil Code," and on the other, I would provide some topics for my students to debate.
Except for the chapters that tend toward macro issues of reality, the rest of the chapters focus on exploring specific real-world problems (cases, situations, or flaws in current laws or drafts). I hoped that each exploration would contribute at least a word or two to the future Civil Code, though this aspiration is merely a self-consoling fantasy. In summary, all the issues must stem from actual social life while also being blind spots in China's current civil law. During the exploration, I tried to expand the information and delve deep into the subject. However, it will not be as metaphysical as the "Green Civil Code" or as overly sentimental as the "Lecture Civil Code," nor will it pursue "aestheticism" like a textbook-style civil law. The small book will be long where there is much to say and short where there is little.
Of course, many of the arguments are still unrefined ideas and merely touch upon the topic, requiring further in-depth research and verification. Most of the topics can still be explored as graduation thesis subjects for undergraduate or master's students.
Additionally, although the book is titled "China," many of the issues discussed are universal and have not been adequately resolved even in other countries. The publication of this book was greatly supported by the leadership of Legal Press, including Director Jiang Hao, classmate Zhang Bo, and the editorial team. It also received enthusiastic encouragement from teachers and colleagues at the Institute of Law, Chinese Academy of Social Sciences, such as Liang Huixing, Xia Yong, Sun Xianzhong, and Zhang Guangxing. They provided many guiding suggestions. I am deeply grateful to them.
During the writing process, I had numerous discussions with some close friends at the Education Section of the Chinese Embassy in France. Through the internet, I also received support from some of the graduate students I supervise; several topics were formed during our discussions. I am also grateful to them.
This book has many shortcomings and may disappoint the many people who hold high hopes for it. Fortunately, there is still plenty of time ahead. I believe that with the help of the readers, when this book is revised in the future, it will reach even greater heights.