Wang Zejian's Collected Works of Law (Volume 9: Legal Thinking and Civil Law Examples)

Author: Wang Zejian
Publisher:
Publish Date: 2003-09-01
Features: Preface The China University of Political Science and Law compiled and edited my work in an anthology format for convenience of use, reference, and preservation. I sincerely express my gratitude to all colleagues at the publisher for their assistance and hard work. The first eight volumes of this anthology, "Civil Law Doctrine and Case Studies," were completed between 1975 and 1992, reflecting the author's teaching and research experiences at the Department of Law, National Taiwan University. This period was a critical phase in the development of Taiwan's Civil Code. The author applied legal methods to analyze and examine the reasoning of important judgments, uncover and interpret the legal principles embedded in specific cases, and construct a theoretical framework. To some extent, these eight volumes reflect the process by which the Civil Code has grown in response to socio-economic changes, addressing issues of legal interpretation, filling loopholes, and creating new institutions, thereby recording the history of civil law theory. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the basis of civil law claims, holding practical significance as a legal methodology. The thinking method of the basis of claims has been widely adopted by the legal academia and practice, helping to study civil law in a more systematic and step-by-step manner, enhancing the rigor, transparency, and objectivity of arguments regarding the reasonableness of legal interpretation and application. "Civil Law Essentials," published in 2002, primarily serves as a basic textbook for civil law learners, as well as an introductory guide and comprehensive review. The book concisely explains the value and philosophy of civil law, introduces important civil law systems, and provides statistical data to help readers gain a more comprehensive understanding of the relationship between civil law and social life, as well as to cultivate legal thinking and argumentation skills. The books "General Principles of Civil Law," "General Principles of Debt Law," and "Civil Law Property Rights" discuss the content of civil law, explain controversies in its interpretation and application, and explore its future trends. Among them, the general principles of debt law have the nature of specialized works, particularly "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining the functions of a textbook and case law, representing a new attempt in writing methodology. The section on special torts in "Tort Law" still awaits supplementation. "Damages" is a core issue in civil law, and the manuscript is currently being actively compiled. My greatest wish is to write a work on the development of Taiwan's Civil Code and social change, and I hope to complete it as soon as possible. Despite differences in content and style, the anthology shares a common goal of integrating theory and practice, adopting the thinking method of the basis of claims, highlighting issues and points of contention through case studies, and using comparative law to explore various normative models as references for interpretation and application. Through years of research in civil law, I have come to a deeper understanding that civil law is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for civil law is, in essence, striving for the freedom, equality, value, and dignity of humanity. Thirty years of writing have been a long and arduous journey. I sincerely appreciate the encouragement and support of my teachers, colleagues, classmates, and readers. I am particularly grateful to my family for their love and tolerance, especially for the blessings and grace of God, which have enabled me to continue learning and working in peace and joy. June 2, 2003, on the occasion of my 65th birthday, written in Taipei