Walked through the law

Author: Zhang Yumin
Publisher:
Publish Date: 2006-04-01
Features: My legal career can be divided into three stages: from graduating from the Law Department of Peking University to the 1980s (period of legal practice); the 1980s to the early 1990s (mainly teaching civil law); and the mid-1990s to the present (mainly teaching intellectual property law). Different experiences shape different legal thinking, and different thinking influences legal professionals to focus on different legal issues. Unlike some scholars who emphasize legal history research, I am more interested in the law in reality. However, this does not mean that historical research methods are useless for the law in my view, nor does it mean I reject historical research methods; on the contrary, this is mainly due to my experience in the practical sector and my concern for reality.
— Organizing my past does not mean being satisfied with my achievements, nor does it mean "farewell to history" (the title of a new book by American sinologist Robert A. MacFarquhar); on the contrary, it gives me an opportunity for self-reflection, allowing me to examine my unfinished goals and aspirations as I have walked through the law. The purpose of compiling this self-selected collection is more about self-examination and reflection than self-display. Therefore, when readers encounter this book, I hope they feel a sense of authenticity rather than false modesty or the arrogance hidden behind it. Like many of my peers, I endured the hardships of the three-year natural disaster and the turmoil of movements such as the "Great Leap Forward," the "Four Cleanups," and the "Cultural Revolution." Fortunately, before the Cultural Revolution, I was admitted to the prestigious institution (Law Department of Peking University) and spent a short but enviable period there. As a result, the word "law" is not only recorded in my life's but also flows in my blood. Five years later, to support the "Third Line" construction, I followed my country's call with great enthusiasm, carrying my belongings to the political and legal department in Nacong County, Guizhou Province, where I lived and struggled for over a decade, witnessing and experiencing firsthand the immense damage caused by the extreme "Leftist" line and policies to the economy and the suffering of the people. This experience shaped our generation's unique perspective on this society and our special feelings for building a democratic and rule-of-law society, and it has also significantly influenced my particular focus on the law.
In 1983, during that special historical period when there was a severe shortage of legal talents, I was transferred from the Nacong County Court to Southwest University of Political Science and Law to teach. Broadly speaking, my legal career can be divided into three stages: from graduating from the Law Department of Peking University to the 1980s (period of legal practice); the 1980s to the early 1990s (mainly teaching civil law); and the mid-1990s to the present (mainly teaching intellectual property law). Different experiences shape different legal thinking, and different thinking influences legal professionals to focus on different legal issues. Unlike some scholars who emphasize legal history research, I am more interested in the law in reality. However, this does not mean that historical research methods are useless for the law in my view, nor does it mean I reject historical research methods; on the contrary, this is mainly due to my experience in the practical sector and my concern for reality. Similarly, unlike some scholars who emphasize abstract philosophical thinking, I am more concerned with specific legal issues, though I deeply respect scholars who study legal philosophy and am curious about abstract questions.
In terms of writing, I value the views and perspectives in the articles and pursue a simple and concise style, avoiding ornate expressions. Using the terminology of copyright law, I focus on the "idea" of the work rather than its "expression." Frankly, I am a materialist and a modernist, aligning with Posner's view of pragmatism. I advocate looking forward rather than dwelling excessively on the past, and I hold an optimistic attitude toward social change, unlike postmodernists who have lost faith in modernity. Based on this stance and attitude, I have always focused on real, specific legal issues. I admire the academic research approach of Professor Wang Zeyjian, striving to make each discussion targeted. This research does not pursue grand narratives but aims to be precise and purposeful. Therefore, when readers browse this collection, they will find that some articles, such as "The Urgency of Establishing a Statute of Limitations," "Exploring Several Issues of the Application of the Statute of Limitations," "On the Relationship Between Property Transfer Registration and Sales Contracts," "Establishing a Copyright Transfer Registration System to Promote the Development of the Copyright Industry," and "The Nature and Countermeasures of Trademark Squatting," were inspired by reflections on specific real cases. Other articles, however, resulted from discovering flaws in specific legal provisions during study.
With the shift in teaching responsibilities in the mid-1990s, I shifted my research focus from civil law to intellectual property law. In the process of studying intellectual property law, the knowledge and expertise in civil law have greatly benefited me, and I always enjoy applying civil law research methods and new research findings to intellectual property law research. Although this research method once faced resistance in the field of intellectual property law, I stubbornly adhere to the views of Landes and Posner: "As intellectual property academic activities become increasingly specialized, there is a risk of abandoning the continuity between material and intellectual property, thereby losing the utility of applying the understanding of the former to analyze the latter through the lens of economics." Based on this perspective, I have elaborated on my views on some fundamental issues in intellectual property law in articles such as "Distinguishing the Concept and Legal Characteristics of Intellectual Property," "Analyzing the Principles of Liability for Civil Wrongful Acts in Intellectual Property Infringement," and "On the Principle of Rights Loss in Trademark Law," engaging in friendly academic debates and critiques for the sake of truth.
It is worth noting that neither we nor anyone else can transcend history or specific contexts to view or express opinions on issues. What seems simple today may have been a controversial topic a decade or even a few years ago. The articles included in this collection have not been substantially revised, though some may now appear naive and rough, and some views may need further elaboration or revision. The purpose of doing so is to record my academic journey and preserve an authentic self. The thinker Roland Barthes once wrote in "The Death of the Author" that the true site of writing is reading. He argued that in the literary system of author, work, and reader, the author, as the dominant party, is no longer important. Foucault even pointed out that the concept of the author itself was an invention of the 18th century. This is a rejection of the dualistic philosophy since Plato. However, I read an additional layer of meaning into it: the meaning the author assigns to the text and the meaning the reader derives from it are not necessarily entirely corresponding. Therefore, I have omitted the need to introduce the content of the articles here. All judgment lies with the readers. If any reader does not feel that reading this book is a waste of time after finishing it, that will be my greatest comfort.
Zhang Yumin
February 20, 2006