Ethical Analysis of Civil Law (34)

Author: Zhao Wanyi
Publisher:
Publishing Date: 2003-09-01
Features: Since its establishment, Southwest University of Political Science and Law has endured 50 years of hardship. Despite the turmoil 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 Gele 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. As the 50th anniversary of the university approaches, 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 also serves as a review of the achievements of this prestigious center of legal education and research in China. We hope these 50 works will inspire future scholars in their legal research and education, while also showcasing the traditions and spirit of Southwest University of Political Science and Law.
The character and spirit reflected in the university's educational process and the writings and actions of its students are first and foremost a strong sense of vigilance. Vigilance is an enduring tradition of Chinese intellectuals. As Confucius' disciple Zeng Can said, "A scholar must be resolute and steadfast, for the burden is great and the journey long. To take benevolence as one's duty is not heavy enough? To die without rest is not distant enough?" Zeng Can's words epitomize the profound sense of vigilance and responsibility shared by Chinese intellectuals. However, since the introduction of Western academic and educational systems, intellectuals have specialized in different fields, creating a 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 inevitably faced with 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 reality, the establishment of law schools like Southwest University of Political Science and Law in the early 1950s was less a milestone in the development of legal education and more a measure to restrict it. Each law school was established by merging several departments of comprehensive universities, significantly reducing the overall scale of legal education in China. More consequential than the reduction in scale was the rupture between the content and objectives of "political and legal" education, as implied by the term, and the existing traditions. Consequently, both teachers and students in these law schools were initially in a state of suppression. The dominant discourse on legal education at the time was entirely hostile to the rule of law. By the 1960s, this hostility intensified, ultimately 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 prominence. However, the vast gap between legal theory in textbooks and the realities of society remained a constant source of pain for legal professionals. Despite being located in the southwest, somewhat "far from the center," this heightened sense of vigilance, exacerbated by the of their profession, did not diminish for a moment. In fact, the distance from the political center may have even intensified it.
In legal education and legal research, this sense of vigilance, combined with rationality and openness, has fostered a culture of intellectual curiosity, equal discussion, and academic independence among Southwest's legal professionals. Especially in the early years after its revival, the campus was a hub of intellectual ferment, with academic bulletin boards expressing bold ideas and new theories emerging one after another. Some arguments or conclusions may seem naive today, but in the context of the time, they were groundbreaking. It was this 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 law schools was aimed at producing technicians or craftsmen in law. Without the broad intellectual exposure of a comprehensive university, the knowledge horizons of students and teachers would be limited, stifling the development of a critical spirit.
However, the uniqueness of Southwest's legal professionals lies in their awareness of these limitations and their relentless efforts to transcend them. The library, where students and teachers were always engrossed in books, the shaded paths where deep thoughts were contemplated, and the late-night debates in dormitories—all demonstrate the intellectual pursuit beyond law that characterized the university. This pursuit is vividly reflected in our alumni: many not only excel in legal education and research but also thrive in politics or other fields, some even becoming playwrights, travel writers, poets, or philosophers. As our university continues to evolve into a comprehensive institution, we believe our graduates will further embody this diversity.
For humans, 50 years is the age of "knowing one's destiny." But for a university, 50 years is merely the age of a young sapling in the forest of higher education. Although our alma mater has developed a unique spirit and tradition and has achieved remarkable success in talent cultivation, we still face the arduous task of building a great university. As alumni, while presenting this tribute, we also extend our heartfelt blessings to our alma mater for a bright future. We hope its fine traditions will continue to flourish, its campus will always be filled with talented students, and its alumni will continue to contribute to the greater cause of China's rule of law.
A great institution, nestled in the Sichuan mountains.
Diligently pursuing the way, only our students.
The Editorial Committee of the "Academic Works of Southwest University of Political Science and Law"
August 6, 2003