Public Law (Volume 5)

Author: Chen Xingliang
Publisher:
Publication Date: 2004-01-01
Features: "The Eastward Spread of Western Learning" has spanned over a century, and the transformation of Chinese humanities, particularly in the realm of public life, remains a focal point. Public law is but one aspect. Ding Tiliang's translation of International Law () preceded the world, followed by the compilation efforts of Shen's Legal College and Zhong Jie. During the late Qing Dynasty, the revision of laws distinguished civil and criminal codes, and the Republic of China established a constitutional framework for a republican system. To be precise, while China had laws but lacked the rule of law, constitutions but no constitutionalism, and spoke of benevolence but neglected human rights, it was from this point that modern public law in China acquired its name, statutes, and scholarship. Reflecting on China's traditional public law scholarship, there is a profound legacy of institutional reforms, the absorption of Western legal principles, and the experiences of democratic revolutions. Works such as Dicey's The Law of the Constitution, Duguit's Evolution of Public Law, Kang Youwei's Principles of Practical Public Law, and the comparative constitutional studies by Wang and Qian stand as monumental contributions. While acknowledging the merits, the shortcomings are also cause for caution. Due to frequent turmoil and the demands of politics, public law research has often been swayed by political trends, with the ruling power dictating the direction. Debates over unfounded theories and the practice of compromising stances have become fashionable. As a result, sensational and opinionated works flourish, while calm, in-depth scholarship remains scarce and neglected.
In the past two decades of reform and opening up, order has been restored, and the vitality of public law scholarship has resurfaced. However, compared to the academic advancements of the world today and the needs of the public, the stagnation in public law scholarship leaves us ashamed and disheartened. The establishment of this journal aims to gather like-minded scholars, compile the finest translations of public law works in the Chinese-speaking world, and contribute to advancing public law research, translation, and education. The editorial guidelines are as follows:
1. Each volume will feature a fixed column titled "Theoretical Frontiers," "Policy Recommendations," "International Human Rights Treaties and Chinese Law," "Media and Law," "Book Reviews," "Academic Dialogues," "Masterpieces in Review," "Selected Graduate Theses," and "Miscellaneous Notes," in addition to the "Theme Symposium."
2. The scope of submissions will cover disciplines including international law, constitutional law, administrative law, criminal law, procedural law, media law, as well as human rights theory, legal philosophy, and traditional Chinese political philosophy.
3. Each volume will invite an editor-in-chief from within or outside China to oversee the theme symposium and related conferences as needed.
4. Given the current state of public law research in China, a significant portion of the journal will focus on translating foreign public law scholarship in the near future.
5. The journal will be published intermittently, with several volumes annually. If funding and resources permit, it may be considered for regular publication.