East China Legal Review · Volume 1, 2002 (Volume 1, 2002)

Author: Huadong University of Political Science and Law
Publisher:
Publish Date: 2002-11-01
Features: Over the past two decades, my academic pursuits have primarily focused on the history of law, supplemented by the history of legal systems. Reflecting on the journey of China and the world, I have drawn three main conclusions: First, major transformations necessitate great legal scholars. I sincerely hope that Huadong Law Review can contribute a small platform for China to cultivate such great legal scholars. Second, significant social and cultural changes must be led by the law. We are fortunate to live in this era, and I wish Huadong Law Review could become a small garden for legal debate and research. Third, major transitions and the flourishing of the rule of law. I hope Huadong Law Review can make a small contribution to the advancement of the rule of law in China! These wishes can only be realized if we unite them into one aspiration— the wise and the learned at home and abroad, as well as colleagues in the legal community, contribute generously to Huadong Law Review for its continuous improvement! For the prosperity of China's rule of law! For the advancement of world jurisprudence!—By He Qinghua, President of Huadong University of Political Science and Law
Starting a student publication has long been a dream for many graduate students at Huadong University of Political Science and Law. With the strong support of the university's leadership and the legal publishing house, we have finally gained a publication that truly belongs to the students. We will make full use of this platform to showcase the academic prowess of Huadong University students. The articles in this issue are of high academic quality.
First, legal transplantation remains an enduring topic. In the "Foreign Law·Chinese Law" column, we invited Professor He Qinghua, President of Huadong University of Political Science and Law, to write an article introducing China's transplantation of Western judicial systems since the late Qing Dynasty. His detailed historical materials and patient analysis fully demonstrate the academic value of legal transplantation. Li Xiuchun, Associate Professor, contributed an article on the transplantation of Soviet constitutions after the founding of the People's Republic of China, highlighting another dimension of legal transplantation—political-led legal transplantation from the perspective of socialist countries. Liu Shugang, Ph.D., wrote an article comparing Western and Chinese constitutions, revealing the differences in constitutional culture between the two from a broad perspective.
In recent years, many scholars have called for "social law" to exist as an independent "third legal domain" alongside public and private law. This issue features several experts dedicated to social law research to discuss this issue. The articles by Dong Baohua, Wang Quanxing, Wang Min, Yao Lanqiu, and Li Lingyun form a themed series, each exploring different aspects of social law from various perspectives. You Wei and Xie Ximei's articles on criminal law address a new topic in the field—"decriminalization," which is sure to be of great interest to readers. Liang Shangshang's article on voidable civil acts focuses on relevant issues under the General Principles of Civil Law and the Contract Law, fully showcasing the charm of "dogmatics" (in the sense of Reinhard Larenz) in the civil law of the. All these articles are included in the "Legal Reflections" column.
In the "Economy·Trade and Environment" column, Professor Zhang Hongsen's profound research on state-owned property is deeply thought-provoking, while Qiu Jiahua's article on the conflict between international trade and environmental protection reflects a theory of deep concern for the nation. Highly recommended is Chen Xiang's lengthy article on the history of medieval European trade and the emergence of capitalist civil and commercial codes. Medieval Europe has long been a mystery to the Chinese, yet the "capitalist problem" we care about originates from medieval commercial trade and the unique legal systems that accompanied it. Chen Yi's article, through a socio-historical examination, reinserts the "intuitive" rules in civil and commercial law into the context of medieval commercial trade, helping us understand the historical roots of capitalist economies and their civil and commercial codes.
Finally, the "Education·Learning and Academia" section. Professor Qi Yuan shares his personal experiences in legal learning and research, offering valuable insights that will benefit all law students. Leng Xia, a student, wrote a thoughtful reading note on Comparative Law by Nobuhiko Kojima, which is also quite insightful. Perhaps this publication still seems immature to many readers. However, the cultivation of academic traditions is a long and gradual process. For now, we consider this a starting point, hoping that future generations will continuously surpass their predecessors, and that the flame of academia will be passed down from generation to generation.