Public Law (Volume 1) (T)

Author: Xia Yong
Publisher:
Publish Date: 1999-12-01
Features: Preface, "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, remains particularly noteworthy. Public law is but one aspect. Ding Xiliang's translation of "The Laws of Nations" preceded the world, followed by Shen's Legal Press in compilation, and further by the codification of civil and criminal laws during the late Qing Dynasty and the establishment of a constitutional republic in the Republic of China. To be precise, 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 is thanks to these efforts that China has its modern public law terminology, statutes, and scholarship. Reflecting on China's traditional public law scholarship, there is a profound legacy of institutional reform, the absorption of Western legal principles, and democratic revolutionary experiences. Works such as Dicey's "The Elements of Constitutional Law," Schiller's "The Evolution of Public Law," Kang Youwei's "Public Law on Property Rights," and Wang and Qian's "Comparative Constitutional Law" have flourished. While the merits are undeniable, the shortcomings are also cause for caution. Due to frequent turmoil and the demands of politics, public law research has long been influenced by political trends, swayed by the ruling powers, and the practice of sophistry and opportunism has become the norm. As a result, verbose and trendy works have thrived, while calm and profound scholarship remains scarce and neglected. In the two decades of reform and opening up, order has been restored, and the vitality of public law scholarship has been renewed. Yet, compared to the advanced academic standards of the world today and the needs of the public, the stagnation of public law scholarship leaves us ashamed and disheartened. The establishment of this journal aims to join like-minded scholars in compiling the essence of public law works and translations in the Chinese-speaking world, contributing to the advancement of public law research, translation, and education. The editorial guidelines are as follows: 1. In addition to "Theme 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 Dissertations," and "Miscellaneous Notes"; 2. The scope of submissions includes disciplines such as international law, constitutional law, administrative law, criminal law, procedural law, media law, as well as human rights theory, legal philosophy, and traditional Chinese political philosophy; 3. Each volume will invite editors from around the world to oversee the "Theme Discussions" and related conferences as needed.