Towards Constitutional Legislation

Author: Li Lin
Publisher:
Publish Date: 2003-09-01
Features: Since its establishment, Southwest University of Political Science and Law has endured 50 years of hardship. Despite the disruption of the Cultural Revolution, which led to its closure for nearly a decade, it has still educated over 100,000 students. The spirit of Mount Gele has nurtured integrity, while the Jialing River has fostered a humanistic ethos. These 100,000 graduates have contributed to the construction of China's legal system, showcasing their talents and forming a widely recognized group of legal scholars from Southwest. This has shaped the unique character and spirit of Southwest's legal education and its graduates. On the occasion of the university's 50th anniversary, the Beijing Alumni Association of Southwest University of Political Science and Law, in collaboration with Legal Press, has launched the "Academic Works of Southwest University of Political Science and Law," a tribute to our alma mater's 50th anniversary. It is also a review of the achievements of this major center of legal education and research in China. We hope these 50 works will serve as stepping stones for future scholars in the fields of legal research and education, and also convey the traditions and spirit of Southwest University of Political Science and Law to readers.
The character and spirit reflected in the university's educational process, students' writings, and actions is primarily a strong sense of vigilance. Vigilance is an enduring tradition among Chinese intellectuals. As Confucius said, "A scholar must be strong and resolute, for his burden is great and his journey long. To take benevolence as his own task, is it not a heavy burden? To die before his task is accomplished, is it not a distant journey?" Zeng Can's words epitomize the profound sense of vigilance and responsibility among Chinese intellectuals. However, since the introduction of Western academic and educational systems, intellectuals have specialized in different fields, creating a certain tension between their professional pursuits and their commitment to serving the nation. For legal professionals, a new professional group in the history of this country, they are destined to face more challenges in today's China compared to those in other fields.
After the founding of the People's Republic of China, legal education quickly fell into a state of suppression. In fact, the establishment of law and politics colleges in the early 1950s, such as Southwest University of Political Science and Law, was more of a measure to restrict legal education than to promote it. Each law and politics college was established by merging several departments of law from comprehensive universities, significantly reducing the overall scale of legal education in China. More significant than the scale was the break from traditional legal education content and goals implied by the concept of "law and politics." As a result, both teachers and students in these colleges were initially in a state of suppression.
At the time, the mainstream discourse on legal education completely excluded the rule of law. By the 1960s, this exclusion intensified, ultimately leading to a complete halt in legal education. Teachers were sent to labor, and schools were disbanded. In such circumstances, the vigilance of legal intellectuals was deeply rooted and. After the Cultural Revolution, legal education was restored, and the construction of the rule of law gradually gained prominence. However, the vast gap between legal theory in textbooks and the actual situation in society remained a constant source of pain for legal professionals.
Though located in Southwest, somewhat "far from the center of power," this heightened sense of vigilance, exacerbated by the of their profession, did not diminish for a moment. In fact, the distance from the political center may have even strengthened it. In legal education and legal research, this sense of vigilance combined with rationality and openness, fostering a culture of intellectual curiosity, equal discussion, and an academic spirit that rejects blind obedience and superstition. Especially in the early years after its revival, the campus was a hub of intellectual ferment, with academic bulletin boards expressing bold ideas and new theories emerging one after another. Some arguments or conclusions, read today, may seem naive, but in the context of the time, they were groundbreaking.
It was this campus atmosphere that nurtured the valuable spirit of skepticism and criticism among Southwest legal scholars. Skepticism and criticism are not emotional expressions but rational arguments grounded in extensive and profound knowledge. Initially, the goal of establishing single-discipline law and politics colleges was to train technicians or craftsmen in law. Without the broad knowledge base of a comprehensive university, the intellectual horizons of students and teachers would be limited, and a critical spirit would have no room to develop.
However, the uniqueness of Southwest legal scholars lies in their awareness of the limitations of this educational system and their relentless efforts to overcome it. The dedication to reading in the library, the deep reflections on Mount Yin Road, and the passionate debates in dormitory discussions all demonstrate the efforts of teachers and students at this somewhat specialized university to transcend the confines of law and seek broader horizons. This pursuit is vividly reflected in our graduates: in addition to those engaged in legal education and research, who often demonstrate interdisciplinary knowledge in their works, many alumni have entered politics or excelled in fields outside law, some even becoming playwrights, travel writers, poets, or philosophers. We believe that as our alma mater continues to evolve into a comprehensive university, our graduates will further embody this distinctive character, making even greater strides in the future.