Self-disciplined society and the comprehensive system of justice

Author: Chen Gang
Publisher:
Publish Date: 2006-06-01
Features: It is undeniable that the modernization of Chinese jurisprudence to a large extent involves the localization of Western legal thought, which includes both the adoption of bourgeois jurisprudence and the practice of Marxist jurisprudence. In summary, Chinese jurisprudence has a distinct flavor of "imported law." Strengthening the body of domestic jurisprudence with advanced legal cultural thought from humanity is the essence of "using foreign things for the benefit of China." Therefore, Chinese jurisprudence, particularly civil procedure law, could consider the path of translation—interpretation—commentary—"transcend and discard" to flourish. On the basis of integrating Eastern and Western traditions, it can establish itself as a major hub of world jurisprudence, transforming "imported law" into "exported law," and making contributions to the cultural development of world law that match our international status. The primary task of "imported law" is to introduce foreign legal research achievements, and in this sense, translation is the beginning of "genuine" research. However, in the current research environment, translation is an academic activity that yields more losses than gains. At least in the academic achievement evaluation systems of many universities, translated works are not included. Although this academic evaluation system is largely influenced by non-academic forces (for example, many universities pay excessive attention to "university ranking lists," while translated works are not considered "academic factors" in determining their rankings). Personally, for a legal field that is constantly engaged in "deconstruction" and "reconstruction" with limited research standards, translation should be an indispensable foundation for building a fair academic platform and promoting academic progress (or referred to as "original accumulation").