Principles of Property Law: Principles of Civil Law (Multi-volume)

Author: Chen Huabing
Publisher:
Publishing Date: 1998-04-01
Features: A work in civil law, broadly divided into three levels: textbooks, specialized research works, and systematic works. Civil Law Principles (Multi-volume Edition) belongs to the category of systematic works. Civil law textbooks aim to elucidate the fundamental principles of civil law, organize the system of civil law concepts, principles, institutions, and theories, and lay a foundation for the development of civil law studies. Civil law textbooks serve as teaching materials for undergraduate legal education and a stepping stone for beginners in civil law learning, their importance is self-evident. However, the progress of civil law studies depends on specialized research in civil law and systematic works in civil law. In the early 1980s, after rectifying chaos and restoring the rule of law, efforts were made to revitalize legal education. The Legal Textbook Editorial Office of the Ministry of Justice organized the compilation of unified textbooks for various disciplines in law, including civil law textbooks, which were collectively written by civil law teachers from various universities and served as textbooks in many universities, playing a significant role. Around the mid-1980s, universities began to compile their own civil law textbooks, some of which were of high quality and contributed to the development of civil law teaching. However, due to the limitations of the then-existing laws, these textbooks were deficient in civil law concepts, structure, and system. In the mid-1990s, the Legal Textbook Editorial Office organized the compilation of the "Nineth Five-Year Plan" textbooks. Recognizing that existing civil law textbooks were merely introductory and could not provide students with systematic and comprehensive civil law knowledge, the editorial office referred to the experiences of developed countries and regions, dividing civil law textbooks into eight categories: General Principles of Civil Law, Property Law, General Principles of Obligations, Contract Law, Tort Law, Personality Rights Law, Family Law, and Inheritance Law. Adding Intellectual Property Law, Company Law, Negotiable Instruments Law, Securities Trading Law, Insurance Law, Bankruptcy Law, and Maritime Law, a total of fifteen categories were formed into the "Nineth Five-Year Plan" series of civil and commercial law textbooks for higher education institutions, available for universities to adopt. It is expected that the adoption of this series of textbooks will enable law undergraduates in China to achieve a level of civil law knowledge comparable to that of developed countries and regions. Since the 1990s, specialized research in civil law has gained prominence. To date, numerous long-term specialized research papers, master's theses in civil law, and doctoral theses in civil law have been published and presented, most of which focus on major issues in civil law legislation and practice, extensively referencing legislative experiences and case law doctrines from developed countries and regions, demonstrating both theoretical and practical value and making significant contributions to the advancement of civil law studies in China. At the level of systematic works, only the Civil Law of China (Multi-volume Edition) was published in the early 1990s, but it did not complete the planned volume, finally only three volumes were published. The two volumes on civil obligations and property inheritance are essentially summaries of the research achievements of civil law in the 1980s in China, reaching a high level and regarded as important reference works for civil law legislation, practice, teaching, and theoretical research. Since 1994, the editor has served as the chief editor of Civil and Commercial Law Forum and Series of Specialized Research on Civil and Commercial Law in China. The former is dedicated to publishing outstanding long-term specialized research papers and master's theses, while the latter selects high-quality doctoral theses and specialized research works. As specialized research in civil law gradually flourishes and accumulates substantial achievements, it is necessary to organize these findings into systematic works in civil law, construct a theoretical system of civil law, and prepare for the final compilation of the Civil Code of China. In light of this, the editor applied for the Key Research Project Fund of the Chinese Academy of Social Sciences in 1996 and organized the writing of Civil Law Principles (Multi-volume Edition), including: the General Principles of Civil Law volume, which the editor is responsible for; the Property Law volume, which Dr. Chen Huabing is responsible for; the Obligations Law volume, which Deputy Editor Zhang Guangxing, Deputy Researcher Zou Hailin, and Doctor Han Shiyuan are responsible for; and the Family Law volume, which Researcher Chen Mingxia is responsible for, each volume with 500,000 to 800,000 words, planned to be completed in 1999. This introduction is hereby presented to serve as the preface.