Civil Code General Studies (19)

Author: Li Guokui
Publisher:
Publishing Date: 2003-09-01
Features: Since its establishment, Southwest University of Political Science and Law has weathered 50 years of challenges. Despite the disruption of the Cultural Revolution, which led to its closure for nearly a decade, the university has educated over 100,000 students. The spirit of Mount Gelen has nurtured integrity, while the Jialing River has fostered a humanistic ethos. These 100,000 graduates have contributed to the construction of China's legal system, demonstrating exceptional talent and forming a prominent group of legal professionals in the field. They have shaped the unique character and spirit of Southwest's legal education and its alumni. On the occasion of the university's 50th anniversary, the Beijing Alumni Association of Southwest University of Political Science and Law, in collaboration with Legal Publishing House, has launched the "Academic Works of Southwest University of Political Science and Law," a tribute to our alma mater's golden jubilee. This collection showcases the achievements of this prestigious center of legal education and research in China. We also hope these 50 works will serve as stepping stones for future scholars in the fields of legal research and education. Moreover, we aim to convey the traditions and spirit of Southwest University of Political Science and Law through these publications.
The character and spirit reflected in the university's educational process and the works and actions of its students are primarily marked by a strong sense of vigilance. Vigilance is an enduring tradition among Chinese intellectuals. As Confucius said, "A scholar must be resolute and steadfast, for his burden is heavy and his journey long. To take benevolence as his mission is not heavy enough; to die before his task is completed is not distant enough." Zeng Can's words epitomize the profound vigilance and sense of responsibility of Chinese intellectuals. However, since the introduction of Western academic and educational systems, intellectuals have specialized in different fields, creating tension between their professional pursuits and their commitment to serving the nation. For legal professionals, a relatively new profession in China's history, they are destined to face greater challenges compared to those in other fields.
After the founding of the People's Republic of China, legal education quickly fell under suppression. In the early 1950s, the establishment of institutions like Southwest University of Political Science and Law was more a measure to restrict legal education than to promote its development. Each such institution was formed by merging several departments of law from comprehensive universities, significantly reducing the overall scale of legal education in China. More consequential than the reduction in scale was the break from existing traditions, as the concept of "political and legal studies" implied a radical departure from traditional legal education. Consequently, both teachers and students in these institutions were initially in a state of repression. The mainstream discourse on legal education at the time was entirely hostile to the rule of law. By the 1960s, this hostility intensified, leading to the complete halt of legal education. Teachers were sent to labor, and schools were disbanded. In such circumstances, the vigilance of legal intellectuals was deeply rooted and inescapable.
After the Cultural Revolution, legal education was restored, and the development of the rule of law gradually gained momentum. However, the vast gap between legal theory in textbooks and the realities of society remained a source of immense pain for legal professionals. Despite being located in Southwest China, somewhat "far from the center of power," this heightened vigilance, exacerbated by the of their profession, did not wane for a moment. In fact, the distance from the political center may have intensified it.
In legal education and legal research, this sense of vigilance combined with rationality and openness, fostering a culture of intellectual curiosity, equal discussion, and academic integrity among Southwest's legal professionals. They eschew blind adherence and superstition. Particularly in the early years after its revival, the campus was a hub of intellectual ferment, with academic bulletin boards brimming with bold ideas and innovative theories. Some arguments or conclusions, when read today, may seem naive, but in the context of the time, they were groundbreaking. It was this vibrant campus atmosphere that nurtured the invaluable spirit of skepticism and critique among Southwest's legal professionals.
Skepticism and critique are not emotional outbursts but rational arguments grounded in extensive and profound knowledge. Initially, the establishment of specialized political and legal institutions aimed to produce technicians or craftsmen in law. Without exposure to a comprehensive university, the knowledge horizons of students and teachers would inevitably be limited, stifling the development of a critical spirit. However, the uniqueness of Southwest's legal professionals lies in their awareness of the limitations of this educational system and their relentless efforts to transcend it. The dedication of students to their studies, the deep reflections on campus paths, and the spirited debates in dormitory discussions all demonstrate their pursuit of intellectual growth beyond law.
This pursuit is vividly reflected in our graduates. Beyond those who excel in legal education and research, many alumni have entered politics or pursued careers outside law, excelling in fields like drama, travel writing, poetry, and philosophy. As our alma mater continues to evolve into a comprehensive university, we believe our graduates will further embody this diverse and inspiring spirit.
The book "Research on the General Principles of Civil Law" is a culmination of the author's years of teaching and in-depth research on the subject. Chapters on "Legal Persons," "Civil Legal Acts," "Agency," and "Statute of Limitations" adhere to this principle. By comparing civil law provisions across different jurisdictions and integrating China's economic realities and judicial practices, the book identifies and critiques the omissions, flaws, and biases in the "General Principles of Civil Law," proposing improvements and justifications.