Comparative Legal Analysis

Author: Ni Zhengmao
Publisher:
Publishing Date: 2006-10-01
Features: Comparative legal studies have long been favored by legal scholars, with numerous works ranging from short essays to extensive treatises. However, this is true across the globe. In ancient China, renowned for its "five thousand years of civilization," the situation is quite embarrassing: only a handful of scholars have delved into this field, and the duration has been remarkably short, with a meager number of works produced. In the past decade, the number of comparative law scholars has greatly increased, and the volume of publications has grown daily, which is a very encouraging phenomenon. Yet, compared to the legal academia in developed countries that generally attaches great importance to comparative legal studies, there is still a significant gap. In 1991, when I went to Japan to lecture and visit Waseda University, Professor Koichi Hitoshi told me that "Waseda University" has a Comparative Law Research Institute; almost all the professors and associate professors at Waseda are part-time researchers there, and Koichi was the "chairman" of the Comparative Law Research Institute at the time. At the same time, no field of study can claim to have "ultimate truth"; let alone legal culture, once it is born, it is like a surging river, flowing forward. Even though a light boat has passed through countless mountains, there are still peaks ahead. The practice of social life constantly raises new issues, and human legal activities continuously renew their forms and contents. The accumulated materials of legal culture are becoming increasingly vast and profound, and comparative law must therefore expand its research areas and provide fresh insights. Additionally, not all the works that have been written can be considered perfect or flawless. While it is unnecessary to be overly critical or meticulous, it is only natural and reasonable to engage in discussions, refine, and improve.