Contemporary Issues in Civil Legislation of China

Author: Liu Jingwei
Publisher:
Publish Date: 2005-06-01
Features: Teaching and researching in university, delivering good lectures and writing well is the essential duty, and the two complement each other. Only skilled in lecturing but poor at writing articles may give the impression of being a mere craftsman; only good at writing articles but poor at lecturing may also be a shortcoming for a teacher. Professor Liu Jingwei excels in both. His writings are always profound in conception but always start from problems. He never invents novelty for the sake of it, yet indeed often presents original insights that break from the conventional. In short, he combines theory with practice, adept at delving deep yet explaining clearly. In his straightforward and unpretentious writing, he elucidates profound theoretical ideas. I have always linked learning with character, so naturally believe his pragmatic and down-to-earth academic style is directly tied to his approach to both work and life. In recent years, the legal field has been bustling and prosperous, but beneath the surface lies and. Yet the author, in the quiet solitude of a remote corner, teaches and writes without fanfare, genuinely participating in academic exchanges and debates. In recent years, he has also frequently engaged in exchanges with scholars from Taiwan, advancing academic and cultural exchanges across the Taiwan Strait. Truly, sitting in a remote place yet with a global vision. As a result, he has had many opportunities to inspire students and is highly regarded by peers in academia. Over the past two decades, his dedication to the fields of civil and commercial law has borne abundant fruit. If I may speak without exaggeration, he could be called a child of Southeastern law. In my opinion, the academic collection before the reader serves as one basis for this judgment. Contemporary Civil Legislation Issues is a compilation of the author's insights and achievements from recent years in legal education, research, and practice. From this collection, one can clearly see the author's academic aspirations, thought processes, and methods. His keen and broad approach to capturing problems, his meticulous and in-depth analysis, and his straightforward and fresh explanations are evident in nearly every article. His writings cover almost all important issues in civil law, especially some puzzling problems currently debated in the field, as well as some issues in commercial law. For example, he provides in-depth discussions on general principles of civil law, property rights, and obligations. Take one article as an example: From Contract to Status—A Key Issue in Modern Civil Law. It presents a highly thought-provoking and still widely debatable foundational issue in civil law in an unconventional yet insightful manner. Starting with a precise interpretation of the proposition "from status to contract," the author uniquely abstracts and analyzes the various manifestations of "from contract to status" in the modern era, offering fresh insights that align with the conceptual foundations of China's current Civil Code compilation. This work successfully bridges theory with practice, demonstrating high aspirations, deep expertise, and appropriate methods, serving as a model for peers. His research on the system of the Civil Code compilation, the system of obligations, his advocacy for the arrangement of personality rights in the Civil Code, and his comprehensive and systematic study of the statute of limitations all reveal his rigorous, profound, and original academic insights. He is free from pretense, showing no trace of the and of academia. His work belongs to the serious and fundamental research that can withstand scrutiny and the test of time. It should be particularly noted that in recent years, while the author has engaged in many foundational theoretical discussions, he has never allowed them to detach from legal practice. About a year ago, when I saw the book Retrospection and Prospects of Civil Legislation in China, edited by him, I was truly impressed that he could quietly and calmly organize his disciples to produce such a practically relevant book for civil law scholars and legislative bodies—because it is fundamental knowledge that both scholars and legislators should grasp macroscopically. The articles included in this collection similarly reflect the author's concern for the practical application of law, his passion for the development of civil legal systems in China, and his social responsibility. I share three bonds of connection with Jingwei: we were classmates, disciples, and peers. We studied law together at Xiamen University and were both disciples of the late legal scholar Li Jingxi. In 1984, after completing my master's degree at Xiamen University, I left the city, but we have maintained regular contact as colleagues in civil law. Therefore, when he asked me to write a few words for his major work, though I felt it was a challenging task, both professionally and personally, I had no choice but to comply. These words are written not only as a celebration and farewell to my fellow scholar but also as a personal message and recommendation to my academic peers. As for how it is received, the academic community will have the final say. I hereby write this preface.