Civil Law, Volume 5

Author: Chen Xingliang
Publisher:
Publish Date: 2004-06-01
Features: "The Eastward Spread of Western Learning" has spanned over a century, and the transformation of Chinese humanities, particularly in the realm of public life, remains a focal point. Public law is but one aspect. Ding Tiliang's translation of The International Law of Nations () preceded the world, followed by the compilation efforts of Shen's Legal Bureau and Zhong Jie. In the late Qing Dynasty, the revision of laws separated civil and criminal law, while the Republic of China established a constitution to govern a republic. To be precise, it can be said that there were laws but no rule of law, constitutions but no constitutionalism, and talk of benevolence but neglect of human rights. Yet, it was from this point that China acquired the modern name of public law, its statutes, and its scholarship. Reflecting on China's traditional public law scholarship, there are profound resources accumulated from reforms, the absorption of Western legal systems, and the experience of democratic revolutions. Works such as Dicey's The Elements of Constitutional Law, Duguit's Evolution of Public Law, Kang Youwei's Principles of Practical Public Law, and the comparative constitutional studies by Wang and Qian stand as monumental achievements. The merits are undeniable, but the shortcomings are also cause for caution. Due to frequent turmoil and the demands of politics, public law research has often been swayed by political trends, with the ruling power dictating its direction. Debates on unfounded principles and the practice of compromising stances have become the norm. As a result, loud and flashy works on public law have flourished, while calm and meticulous scholarship remains scarce and neglected.
In the past two decades of reform and opening up, order has been restored, and the vitality of public law scholarship has resurfaced. However, compared to the academic advancements of the world today and the needs of the people, the stagnation in public law scholarship leaves us ashamed and disheartened. The establishment of this journal aims to gather like-minded scholars, compile the finest translations of public law works in the Chinese-speaking world, and contribute to advancing public law research, translation, and education. The editorial guidelines are as follows:
1. Each volume will feature a fixed column titled "Theoretical Frontiers," "Reform Suggestions," "International Human Rights Treaties and Chinese Law," "Media and Law," "Book Reviews," "Academic Dialogues," "Appreciation of Masterpieces," "Selected Graduate Theses," and "Miscellaneous Notes," in addition to the "Theme Symposium."
2. The scope of submissions will include disciplines such as international public law, constitutional law, administrative law, criminal law, procedural law, media law, as well as human rights theory, legal philosophy, and traditional Chinese political philosophy.
3. Each volume will invite an editor-in-chief from within or outside the country to oversee the theme symposium and related conferences as needed.
4. Given the current state of public law research in China, a significant portion of the journal will focus on translating foreign public law scholarship in the near future.
5. The journal will be published intermittently, with several volumes annually. If funding and resources permit, it may be considered for regular publication.