Civil Law Nine People-(Volume 3)

Author: Cui Jianyuan
Publisher:
Publish Date: 2006-12-01
Features: Residing in seclusion, with no intention of chasing trends; devoted to writing with a desire to apply knowledge. Moreover, at the age of forty, one should naturally possess a more composed demeanor. Unexpectedly, a group of youthful and promising successors, dedicated to the theoretical research and practical exploration of civil law, proposed the establishment of a Civil Law Salon to engage in intellectual exchange, refine scholarship, learn from each other, and achieve mutual benefit. At the inception of the idea, the initiators invited me to participate, and after careful consideration, I readily agreed. After several study sessions with everyone, my initial intentions became increasingly clear. Discussing civil law issues requires an academic platform. While one's own perspective can certainly form a unique viewpoint, pooling the wisdom of many can help filter out the trivial and retain the essence. If the participants are of similar expertise yet each has their own strengths, with the ability to engage in equal dialogue, pursue the essence of civil law, and speak freely, then not only can existing conclusions be questioned, but new perspectives may also emerge. Regardless of age, all participants are equal members. Some may present reports, others offer comments; some may listen, while others seek guidance; some may propose arguments, and others may defend their positions. All these activities are beneficial to oneself and the salon.
Enhancing one's civil law expertise requires both learning and reflection. Discovering civil law issues requires substantial knowledge, otherwise, even when problems are right before one's eyes, one might either overlook them or misinterpret them. Solving civil law issues requires an even higher level of expertise, otherwise, faced with social realities, one may be helpless or resort to superficial solutions. Such a level is neither innate nor bestowed from the heavens; it can only be achieved through dedicated study of classics, supplemented by deep contemplation, and through the accumulation of debates and discussions over time. "Learning without reflection is futile; reflection without learning is perilous." How true this statement is! The Civil Law Salon is like a school for reading classics and exchanging insights, where one might gain a broader perspective and reach new heights.
Developing civil law theories requires appropriate methods. Observing the history of civil law theory, one finds that various schools of thought each have their unique merits and occupy their own space. For salon members, the essence of different legal methodologies needs to be deeply understood, and knowledge from related disciplines must be gradually supplemented. The Civil Law Salon aspires to be a place for free expression, encouraging a diversity of ideas and fostering intellectual debate. While the academic interests of salon members may vary, and their adherence to different schools of thought may differ, the collision of diverse methods and perspectives can inspire intellectual growth and mutual prosperity.
Elevating legal standards requires academic criticism. Free expression, equal discussion, serious criticism, and sincere responses are the hallmarks of academic progress. In contrast, the civil law academia in China often engages in self-praise while lacking criticism and responses, appearing prosperous on the surface but failing to thrive in reality. The Civil Law Salon practices confrontational debates, encourages unfiltered criticism, appreciates insightful opinions, and rejects blind conformity.
Interpreting civil law theories requires adherence to academic norms. Without rules, there can be no order. The reports in the Civil Law Salon must follow logical reasoning and citation rules, while the comments must be scrutinized from the topic's value and the correctness of viewpoints to minor punctuation and citation details. The Civil Law Salon is an open academic forum, where one may join voluntarily, leave due to busy schedules, or withdraw when interests wane, all of which are normal. Currently, the Civil Law Salon is affiliated with the Civil Law Research Center of Tsinghua University Law School, and its reports and comments are part of the center's academic activities, published continuously under the title The Nine on Civil Law.