The interface of the rule of law

Author: Chen Xingliang
Publisher:
Publish Date: 2003-02-01
Features: We organized the Criminal Law Forum with a sense of mission. When the spoken words of these forum activities were transformed into text, I could still read the sparks of intellectual collisions in these words. This book collects the content of the 13th to 24th sessions of the Criminal Law Forum. Although the topics discussed in these activities varied, the theme was the same—this is the rule of law, more precisely, the rule of criminal law. The Criminal Law Forum is both the enlightenment and a call for the rule of criminal law. The content of the Criminal Law Forum is rich, and the thoughts are profound, because it is a collective effort, distinguishing it from individual thinking. The Criminal Law Forum adopts a format of keynote speeches with comments, in addition to which, there are questions from the audience and responses from the guest speakers. Through this form of discussion, a theme can be continuously supplemented and deepened, benefiting not only the audience but also the keynote speakers and commentators. The Criminal Law Forum is organized under the name of the Institute of Criminal Law Theory at Peking University. It is the result of the joint efforts of myself, Professor Chen Ruihua, Professor Bai Jianjun, and Associate Professor Liang Genlin. Through the Criminal Law Forum, we have formed a loose academic group, inspiring and learning from one another, inheriting and promoting the academic tradition of criminal law at Peking University Law School, which is our historical mission as scholars of this generation.
—Chen Xingliang
This book is the second published collection of verbatim records following The Mission of the Rule of Law. It is titled The Interface of the Rule of Law. This book collects the content of the 13th to 24th sessions of the Criminal Law Forum. From the topics, it can be seen that as the Criminal Law Forum continued to be held, we began to delve into some major issues concerning the rule of criminal law. These discussions are like interfaces in a computer, reflecting our further reflections on the rule of criminal law. With the publication of The Mission of the Rule of Law, this forum format, especially the novelty and liveliness of the oral-style works formed after the verbatim records, attracted the attention of academic peers. Of course, the content of the forum is even more closely watched. Encouraged by this, from April 2001 to June 2002, we held another 12 sessions of the Criminal Law Forum, which are now collected and published, dedicated to a broader readership, and in a sense, to the silent audience. I remember Professor He Weifang naming his book Concrete Rule of Law. Indeed, the rule of law should not be, or at least should not be merely a grand narrative, but should be concrete, with the subtlety of a gentle rain nourishing things silently. The Criminal Law Forum collected in this book discusses some specific legal systems, such as the right to silence, labor education, severe crackdowns, and confessions. It was precisely through these discussions that we were concerned about the rule of criminal law. Through these discussions, we realized that the rule of law, including the rule of criminal law, although a huge social project, must start from subtle places, through the establishment of specific systems, making people feel that the rule of law is around us. Yes, the rule of law is no longer a fervent hope, an expectation, or an unreachable dream—we need a practical, accessible, and concrete rule of law. This book shows readers some interfaces of the concrete rule of law, and I believe it is beneficial to the construction of the rule of law.
The publication of this book is also indebted to many people. First and foremost, I would like to thank the keynote speakers of each forum session, who contributed their thoughts. I would also like to thank the commentators, whose incisive comments and engaging narratives added color to the Criminal Law Forum. I would also like to thank Professor Chen Ruihua, Professor Bai Jianjun, and Associate Professor Liang Genlin, who co-chaired the Criminal Law Forum with me. Our joint efforts made it possible for the forum to continue. We would also like to thank Wang Li, Ph.D., and Li Guifang, Ph.D., of Beijing Deheng Law Firm, who not only generously funded the Criminal Law Forum but also served as commentaries guests on multiple occasions, contributing both money and effort, which moved us deeply. Lastly, I would like to thank Fu Liqing, the academic secretary of the Criminal Law Forum, who arranged for the forum in advance and organized the transcription of the recordings afterward, making significant contributions. Xu Yong'an, Fang Peng, Zhou Zhe, Wang Yakai, and other students participated in the recording and transcription of this book, and their hard work is greatly appreciated.
The Criminal Law Forum has now continued for three years. I hope to continue it and strive to publish another book titled The Voice of the Rule of Law, forming a trilogy on the rule of law. I firmly believe that this goal can be achieved.
Chen Xingliang
July 12, 2002
At My Beijing Lanqiying Residence