Human life and death and criminal law reform

Author: Kang Junxin
Publisher:
Publish Date: 2005-09-01
Features: On August 12, 2005, it was the 80th birthday of Professor Ma Kechang, a renowned Chinese legal scholar and the first Dean of the Law School at Wuhan University. That year also marked the 56th anniversary of Professor Ma Kechang's career in legal education and research. This series of books was specially compiled to celebrate Professor Ma Kechang's 80th birthday and the 56th anniversary of his dedication to legal education and research. Over the span of 56 years in legal education and graduate studies, Professor Ma Kechang witnessed and personally experienced the ups and downs of China's 55-year journey in building the rule of law. In 1946, he was admitted to the prestigious National Wuhan University Law School from Xihua County, Henan Province, to study law and join the revolution. In 1950, due to his outstanding academic performance, he graduated and was retained by the university to teach. Soon after, he was recommended to the graduate program at Renmin University of China for further studies, where he specialized in criminal law under the guidance of the Soviet criminologist Professor Bestrova. In 1952, after completing his graduate studies, he returned to Wuhan to teach criminal law. However, due to well-known reasons, when China's democratic rule of law faced severe setbacks, Professor Ma Kechang was also unable to escape the consequences. In 1958, Professor Ma Kechang was subjected to unfair treatment and sent to rural labor. In the second half of 1959, although he was officially "rehabilitated" and allowed to return to Wuhan University, the Law Department had already been dissolved, and he was forced to take on jobs such as cashier in the canteen and librarian. After the Cultural Revolution began, he was again subjected to unfair treatment and sent to the countryside for the so-called "labor reform," where he remained until 1972, when he returned to the Wuhan University Library, working there until 1979. During these more than 20 years of difficult times, his youthful prime and golden years of scientific research quietly slipped away. Yet, in the face of all the spiritual and physical hardships, he always maintained an optimistic attitude toward life, achieving remarkable results even while working in the countryside and at the library. In 1979, at the age of 53, Professor Ma Kechang finally a major turning point in his era and life. He was appointed as the Deputy Dean of the Law Department by the then President of Wuhan University, Professor Liu Daoyu, to assist Dean Han Depai in restoring and developing the Law Department, welcoming the spring of China's rule of law and legal education. After accepting the appointment, Professor Ma Kechang, driven by his passion for the legal profession and his profound academic foundation, revitalized his career with youthful energy, fully showcasing the charisma and charm of a legal activist, educator, and criminal law expert. As a legal social activist, in 1980, Professor Ma Kechang was commissioned by the Ministry of Justice of the People's Republic of China to serve as the defense attorney for Wu Faqian in the sensational "Lin Biao and Jiang Qing Counter-Revolutionary Group Case," where he worked in accordance with the law and received great praise. He also served concurrently as the Honorary President of the Chinese Criminal Law Society, Special Consultant to the Supreme People's Court, and held numerous other social positions, making outstanding contributions to the country's legislative and judicial reforms. As a legal educator, starting in 1983, Professor Ma Kechang served as the Dean of the Law Department at Wuhan University. After the establishment of the Law School in 1986, he was appointed as its first Dean. With great passion and energy, he devoted himself to the development of the Law School, leading the faculty and staff in unity and progress, achieving remarkable results in teaching, research, talent cultivation, and international exchanges, making the Wuhan University Law School the "ace of Mount Luojia," a renowned law school in China, and maintaining its leading position among domestic peers while gaining international acclaim. As a scholar, Professor Ma Kechang has remained active in the field of criminal law theory research, writing tirelessly. The multiple criminal law textbooks he co-edited are hailed as authoritative textbooks in China. His works, such as "General Theory of Crime," "General Theory of Punishment," "Chinese Criminal Policy," and "An Outline of the History of Modern Western Criminal Law," have received high praise from the academic community and have become classic documents in the study of criminal law in China, serving as prescribed textbooks for graduate students in criminal law at many universities. In 2002, his monograph "Principles of Comparative Criminal Law—General Theory of Foreign Criminal Law" was published, causing a sensation in the academic world with its rich content, thorough documentation, rigorous structure, and profound insights. It also became the only law-related work to win the National Book Award in 2003. As a teacher, Professor Ma Kechang has always been active in the role of teaching and nurturing students, lecturing to undergraduates, master's students, and doctoral students. He taught with meticulous care, effortlessly navigating complex theories and real-world cases, explaining them in an accessible manner, earning great popularity and admiration from his students. He not only guided students in mastering professional knowledge but also inspired them to become individuals with ideals, aspirations, responsibility, and high moral cultivation. He has cultivated many outstanding talents for China's rule of law and legal education, some of whom now hold key positions in the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and various judicial and administrative departments, while others have become professors, doctoral supervisors, and academic leaders, actively contributing to legal education and research in various fields. Professor Ma Kechang is a scholar with strategic vision. With an open perspective and a global mindset, he emphasized international exchanges and actively aligned his discipline with international standards, placing it in an international academic environment for development. He has been invited to visit and lecture in the United States, Canada, Japan, Germany, Brazil, and other countries, as well as in Hong Kong, Macao, and Taiwan, to attend international academic conferences. He has also warmly invited numerous renowned international scholars to visit China for lectures and to hold international conferences. Through exchanges with top universities, disciplines, and scholars, constantly introducing new academic information, theories, and trends, Professor Ma Kechang has actively organized international academic exchanges and cooperation, continuously injecting vitality into discipline development, enhancing the discipline's reputation both domestically and internationally, and strengthening its competitiveness among similar disciplines, laying a solid foundation for the discipline to enter a virtuous cycle of development. With his profound knowledge, outstanding theoretical achievements, and noble character, Professor Ma Kechang has earned the respect and admiration of the Chinese judicial community, the criminal law field, and the entire legal community. He has also gained the esteem and admiration of his international peers and is beloved by his students. As Professor Ma Kechang's 80th birthday approaches, his students have organized to plan this celebratory series of books as a token of their gratitude and congratulations. The works in this series are either solo or co-authored by his disciples and represent their latest research findings in criminal law and criminology. The significance of this birthday gift is profound. On one hand, it serves as a report from the disciples to their master; on the other hand, it deepens the theoretical research in criminal law through this method, which aligns perfectly with the master's expectations for his disciples. When planning this series, it received strong support and high attention from the China University of Political Science and Law Press, which organized a dedicated editorial team to oversee the editing and publication of the series.