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 and academia, particularly in the realm of public life, has been most evident. Public law is but one aspect of this. Ding Guoliang's translation of The International Law of Nations () preceded others, followed by the compilation efforts of Shen's Legal Bureau, with Zhong Jie continuing the work. Later, during the late Qing Dynasty, the revision of laws distinguished civil and criminal law, and the Republic was established through the constitutional reforms of the Republic of China. In practical terms, it can be said that there were laws but no rule of law, constitutions but no constitutionalism, and talk of benevolence but neglect of human rights. Yet, it was from this point that China acquired the modern name, statutes, and scholarship of public law. Reflecting on China's traditional public law scholarship, there are profound resources accumulated from reforms and legal transformations, the absorption of Western laws, and the experience of democratic revolutions. Works such as Dicey's The Law of the Constitution, De Vattel's The Law of Nations, Kang Youwei's The Practical Principles of Public Law, and Wang and Qian's Comparative Constitutional Law represent a magnificent collection of translations and writings. While the merits are undeniable, the shortcomings are also worth caution.
Perhaps due to frequent turmoil and the demands of the times, public law research has often been swept along by political trends, influenced by the ruling powers, and the practice of arguing unfounded truths and adopting opportunistic techniques has become fashionable. As a result, works that are loud and expressive of opinions flourish, while calm and 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. However, compared to contemporary academic advancements and the needs of the people today, the stagnation in public law scholarship leaves us ashamed and disheartened. The establishment of this journal aims to gather like-minded scholars, compile the essence of public law translations in the Chinese-speaking world, and contribute to advancing public law research, translation, and education. The editorial guidelines are as follows:
1. In addition to "Thematic Discussions," each volume will feature fixed columns such as "Frontiers of Theory," "Reform Suggestions," "International Human Rights Treaties and Chinese Law," "Media and Law," "Book Reviews," "Academic Dialogues," "Appreciation of Masterpieces," "Selected Master's Theses," and "Miscellaneous Notes."
2. The scope of submissions will cover disciplines including international law, constitutional law, administrative law, criminal law, procedural law, mass communication law, as well as human rights theory, legal philosophy, and traditional Chinese political philosophy.
3. Each volume will invite editors from around the world as needed to oversee thematic discussions and related conferences.
4. Given the current state of public law research in China, we plan to introduce foreign public law scholarship in greater proportion in the near future.
5. The journal will be published intermittently each year. If funding and resources permit, it may be considered for regular publication.