The Path of China and the Civil Code of China (100 Real-World Issues That Cannot Be Ignored)

Author: Yang Suquan
Publisher:
Publishing Date: 2005-05-01
Features: This book combines practical issues to explore blind spots in Chinese civil law, such as the Napoleon complex in legislation and the issue of direct election by representatives, supplemented by the principle of prioritizing the right to life and personal rights, and the expansion of the right to reside from family settings to general renters, etc. The insights are unique, the analysis is incisive, and it is a work of high academic value. Paris, a land of abundance, seems to an outsider as a paradise where one can escape the worldly ambitions of their own country, leisurely and immersed in self. Originally, I planned to use the three years of tranquility (leisure) and purification (purification) here to organize and publish my doctoral dissertation. However, my thoughts kept being entangled in the fate of the nation, and the initial intention of publishing the graduation thesis gradually took a backseat. The thick book of the "Draft Civil Code of the People's Republic of China" on my desk kept tempting me to flip through it, make annotations, and ponder how to inspire my graduate students to write papers and complete assignments. Thus, I thought of using this book as a double-edged sword. On one hand, I knew I was uselessly recording a few "minor suggestions for the draft civil code," and on the other, I could provide some topics for my students to discuss.
Except for Chapter, which tends toward macroscopic issues, the other chapters primarily explore specific practical problems (cases, realities, defects in current laws or drafts). I hope that each exploration can contribute a word or two to the future Civil Code, though this aspiration is merely self-consolation. In short, all the issues must stem from actual social life while also being blind spots in China's current civil law. During the discussion, I strive to expand the information and delve deep. However, it will not be as metaphysical or pretentious as "Green Civil Law," nor will it pursue "aestheticism" like "Lecture Civil Law." A small book can be long when there is something to say and short when there is nothing. Of course, many of the arguments are still immature ideas and merely touch upon the topic, requiring further in-depth verification. Most of the topics can still be explored as graduation thesis subjects for undergraduate or master's degrees.
Additionally, although the book is titled "Chinese Civil Law," many of the issues discussed are universal and have not been well-solved in other countries. The publication of this book was greatly supported by the leadership of Legal Publishing House, Jiang Hao, my classmate Zhang Bo, and the chief editor. It also received enthusiastic encouragement from teachers and colleagues at the Institute of Law, Chinese Academy of Social Sciences, such as Liang Huixing, Xia Yong, Sun Xianzhong, and Zhang Guangxing. They provided many guiding suggestions. I am deeply grateful for this. During the writing process, I discussed repeatedly with several good friends at the Education Section of the Chinese Embassy in France. Through the internet, I also received support from some of the graduate students I supervised; a few topics were formed during our discussions. I am also grateful to them.
This book has many shortcomings and may disappoint the people who hold high expectations for it. Fortunately, there is still time ahead. I believe that with the help of the readers, when the opportunity arises for revision in the future, it will reach a higher level.
Paris, a land of abundance, seems to an outsider as a paradise where one can escape the worldly ambitions of their own country, leisurely and immersed in self. Originally, I planned to use the three years of tranquility (leisure) and purification (purification) here to organize and publish my doctoral dissertation. However, my thoughts kept being entangled in the fate of the nation, and the initial intention of publishing the graduation thesis gradually took a backseat. The thick book of the "Draft Civil Code of the People's Republic of China" on my desk kept tempting me to flip through it, make annotations, and ponder how to inspire my graduate students to write papers and complete assignments. Thus, I thought of using this book as a double-edged sword. On one hand, I knew I was uselessly recording a few "minor suggestions for the draft civil code," and on the other, I could provide some topics for my students to discuss.
Except for Chapter, which tends toward macroscopic issues, the other chapters primarily explore specific practical problems (cases, realities, defects in current laws or drafts). I hope that each exploration can contribute a word or two to the future Civil Code, though this aspiration is merely self-consolation. In short, all the issues must stem from actual social life while also being blind spots in China's current civil law. During the discussion, I strive to expand the information and delve deep. However, it will not be as metaphysical or pretentious as "Green Civil Law," nor will it pursue "aestheticism" like "Lecture Civil Law." A small book can be long when there is something to say and short when there is nothing. Of course, many of the arguments are still immature ideas and merely touch upon the topic, requiring further in-depth verification. Most of the topics can still be explored as graduation thesis subjects for undergraduate or master's degrees.
Additionally, although the book is titled "Chinese Civil Law," many of the issues discussed are universal and have not been well-solved in other countries. The publication of this book was greatly supported by the leadership of Legal Publishing House, Jiang Hao, my classmate Zhang Bo, and the chief editor. It also received enthusiastic encouragement from teachers and colleagues at the Institute of Law, Chinese Academy of Social Sciences, such as Liang Huixing, Xia Yong, Sun Xianzhong, and Zhang Guangxing. They provided many guiding suggestions. I am deeply grateful for this. During the writing process, I discussed repeatedly with several good friends at the Education Section of the Chinese Embassy in France. Through the internet, I also received support from some of the graduate students I supervised; a few topics were formed during our discussions. I am also grateful to them.
This book has many shortcomings and may disappoint the people who hold high expectations for it. Fortunately, there is still time ahead. I believe that with the help of the readers, when the opportunity arises for revision in the future, it will reach a higher level.