Public Law. Volume 5

Author: Chen Xingliang
Publisher:
Publish Date: 2004-06-01
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 The International Law of Nations () preceded others, followed by the compilation efforts of Shen's Legal Bureau and Zhong Jie. During the late Qing Dynasty, the revision of laws distinguished civil and criminal matters, while the Republic of China established a constitutional framework for a republican system. To be precise, though, China had laws but not the rule of law, constitutions but no constitutionalism, and spoke of benevolence but neglected human rights. Yet it was from this point that China acquired the modern name of public law, its statutes, and its scholarship. Reflecting on China's traditional public law scholarship, there are profound resources accumulated from institutional reforms, the absorption of Western legal principles, and the experiences of democratic revolutions. Works such as Dicey's The Law of the Constitution, De Vattel's The Law of Nations, Kang Youwei's Principles of Practical Public Law, and the comparative constitutional studies by Wang and Qian stand as monumental achievements. While the merits are undeniable, 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 opportunistic compromise have become the norm. As a result, sensational and opinionated works have flourished, while calm, in-depth scholarship remains scarce and neglected.
In the two decades since the reform and opening-up, order has been restored, and the vitality of public law scholarship has been renewed. Yet compared to the academic advancements of the world today and the needs of the public, the stagnation in public law studies 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 fixed columns alongside "Theme Discussions," including "Frontiers of Theory," "Reform Suggestions," "International Human Rights Treaties and Chinese Law," "Media and Law," "Book Reviews," "Academic Dialogues," "Appreciation of Masterpieces," "Selected Graduate Theses," and "Miscellaneous Notes";
2. The scope of submissions will cover disciplines such as 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 discussions 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 per year. If funding and resources permit, it may transition to regular publication.