| Scan the code to add Xia Qianshian's personal WeChat Reply to the book list Receive 100+ quality legal book lists |
Author = Han Shiyuan Professor of Tsinghua University Law School = Ai Xueqian Wenyuan = Journal of Social Sciences of Jilin University, Issue 4, 2023 "The Independent Logic of Chinese-style Modernization" column
In the mainland's legal education, the history of the compilation of civil law textbooks can reflect the continuous progress of mainland civil law textbooks from scratch, from single to diverse, and from simple to rich in content and form, and the achievements of several generations of Chinese legal educators cannot be denied. Chinese civil law textbooks can only be written by Chinese themselves, and cannot and cannot be replaced by foreign civil law books. Civil law textbooks should take the civil law as the object, and explain the normative composition, normative purpose, legal effect and even the legal principles and legal concepts behind the current civil law by legal interpretation method, and the result of this operation is "interpretation theory". Teaching materials should continue to adhere to the "three basics" standard and reflect the general theory or majority theory as much as possible, match the external system of the actual civil law as much as possible, and try to reveal the internal system of the civil law and reflect the spirit of the times of the civil law. While pursuing excellent content, civil law textbooks should also adopt rich and diversified forms of expression as much as possible to create new forms of teaching materials.
1. After the founding of New China in the 50s of the 20th century, along with the construction of a new society, the construction of the legal system and legal education also began on a new basis. In the early 50s of the 20th century, China "took the Soviet Union as a teacher", and so did legal education. According to Mr. Liang Huixing, "Due to the abolition of all laws during the National Government period (including the Civil Law of the Republic of China), all civil law textbooks during the National Government period were abandoned, and the law faculty of the university directly adopted the Soviet civil law textbooks and invited Soviet experts to teach. It was not until 1958 that the first civil law textbook was published, and it was also the only civil law textbook officially published in China before the reform and opening up. This civil law textbook was compiled on the basis of referring to Soviet civil law theory, indicating that China has fully inherited Soviet civil law. ”
Soviet Civil Law (upper and lower volumes) [Soviet] В.Л. Gribanov [Soviet] С.М. Korneev Editor-in-chief of the Institute of Law, Chinese Academy of Social Sciences, translated by the Research Office of Civil Law and Economic Law
First edition of Law Press, September 1982
In the 50s of the 20th century, Chinese Minmin University invited a large number of Soviet experts to China to teach Soviet and Russian law. Between 1952 and 1956, China translated and published 165 Soviet law textbooks. Renmin University undertakes the function of the "working mother" of Chinese liberal arts education: professors of Renmin University are trained by Soviet experts, students graduated from Renmin University go to teach in colleges and universities all over the country, teachers from other universities are sent to Renmin University for further study, and various teaching materials published by Renmin University are widely circulated throughout the country. In 1982, the Law Publishing House published a Chinese translation of the Civil Code of the USSR, edited by Gribanov and Korneyev, which is a publication of this period.
Protection of socialist property under Soviet civil law
[Sue] A.B. Venejiktov, translated by Xie Huaili and Li Wei, first edition of Law Publishing House, August 1957
In the early 50s, Mr. Xie Huaili first studied Russian under Mr. Sun Yaming in the Russian language study class of the Central Political Science and Law Cadre School. Later, Mr. Xie Huaili went to the Liulichang used bookstore and bought a copy of the Russian "History of the United Communist Party (Cloth)", a dictionary and a grammar book, compared with the Chinese translation of the "History of the United Communist Party (Cloth) Party", memorized paragraph by paragraph, and after intensive reading of a book, he became familiar with a language. Xie Lao worked as a philosophy teacher at the Central Political Science and Law School, teaching logic, but he still used his spare time to translate foreign legal materials. During this period, Mr. Xie Huaili and Mr. Li Weiwei jointly translated and published A.B. Venejiktov of the former Soviet Union "The Protection of Socialist Property under Soviet Civil Law"
Basic Issues of the Civil Law of the People's Republic of China
The Civil Law Teaching and Research Office of the Central Political and Legal Cadre School compiled the first edition of the Law Publishing House in January 1957
The textbook "is mainly based on the civil policy of the Party and the State, the basic principles of civil law established by the Constitution, and the existing normative documents of civil law." In addition, it will contact all relevant operational departments, try its best to compile information, analyze and study it, and strive to reflect the current reality of the mainland." Therefore, although there is no written civil code, the book is still an interpretive work.
Lecture Notes on Civil Law of the People's Republic of China (First Draft), Civil Law Teaching and Research Department, Southwest University of Political Science and Law, edited by the Civil Law Teaching and Research Office of Southwest University of Political Science and Law, published in May 1980
This first draft combines the drafting of the Civil Code in 1954 and the completion of the first "Draft Civil Code" of New China in December 1956 (divided into four parts, General Provisions, Ownership, Debts and Inheritance, a total of 525 articles), and its preparation style and basic system refer to the 1922 Civil Code of the Soviet Union, marking China's succession to the civil law of Soviet Russia or the Soviet Union. The content of the above-mentioned civil law lectures also reflects the distinctive features influenced by Soviet civil law, such as the exclusion of marriage law from civil law; not "property rights" but only "ownership"; Instead of replacing the concept of "citizen" with the concept of "natural person"; Speak only of the statute of limitations and not of the statute of limitations; One-sided emphasis on special protection of socialist public property, etc. Since 1959, "Civil Law", which is the basic course of legal education, has been renamed "Civil Policy Studies", and the "Civil Policy Textbook" compiled by each school is used to compile civil policy materials at that time, and there is neither law nor theory.
From 1977 to the spring of 1986, the Ministry of Justice and the Ministry of Education organized a survey of the state of legal education in 11 law faculties in seven provinces. On this basis, after discussion and decision by the party group of the Ministry of Justice, 30 teaching materials and 10 corresponding teaching reference books were compiled. In July of the same year, the "Law Textbook Editorial Department" was established under the leadership of the Ministry of Justice and the Ministry of Education, and from July 1980 to November 1981, three compilation meetings were held. The Editorial Department of Law Textbooks organized college teachers, experts and scholars nationwide to compile a series of "Law (Trial) Textbooks for Colleges and Universities" (commonly known as "National Unified Textbooks") and published them one after another. The publication of this set of law textbooks is considered to be an important starting point for civil law textbooks to emerge from scratch. On December 3, 1982, the Ministry of Justice held a symposium on legal textbooks in the Great Hall of the People, attended by more than 100 legal experts and scholars in Beijing. It was the first time since 1949 that a conference on the scale of legal education and the preparation of teaching materials had been held.
Marriage Law Course Yang Dawen Editor-in-Chief Editorial Department of Law Textbook Editorial Review, Law Press, January 1982
Roman Law Zhou Feng, et al. Compiled by the Editorial Department of the Law Textbook, edited and reviewed by the People's Publishing House, and the first edition of the People's Publishing House in December 1983
Principles of Civil Law: Tong Rou, Editor-in-Chief, Editorial Department of Law Textbook, Editor, Law Press, first edition, June 1983
Inheriting Law, Tong Rou Editor-in-Chief Law Publishing House, in June 1986, in addition to the above-mentioned textbooks organized at the national level, some colleges and universities have also compiled their own law lectures in response to teaching needs.
Lecture Notes on Civil Law of the People's Republic of China (First Draft), edited by Zhang Xujiu, Jin Ping, et al., Civil Law Teaching and Research Office, Southwest University of Political Science and Law, May 1980
Principles of Civil Law of the People's Republic of China (upper and lower volumes), compiled by the Civil Law Teaching and Research Department of the Law Department of the Law Department of Chinese Minmin University, published in Chinese October 1980
Lecture Notes on Civil Law of the People's Republic of China, compiled by Jiang Ping, Zhang Peilin and others, published by the Civil Law Teaching and Research Office of Beijing University of Political Science and Law, June 1981
Introduction to Civil Law: Tong Rou, Zhao Zhongfu, Zheng Li, editor-in-chief, Chinese Minmin University Press, January 1982
Civil Law Course: Wang Zuotang, Wei Zhenying, Li Zhimin, Zhu Qichao Compiled by Peking University Press, the first edition of the Principles of Civil Law of the People's Republic of China in May 1983, Tong Rou, Zhao Zhongfu, Jin Ping, and other law publishing houses, the first edition in June 1983
Lecture Notes on Civil Law of the People's Republic of China: Han Laibi, Jin Liqi, Peng Wanlin, et al. Compiled and printed by the Civil Law Teaching and Research Department of East China University of Political Science and Law, January 1983 Edition of Lecture Notes on Principles of Civil Law (missing book shadow), Wang Jiazhen, Kou Zhixin, etc., Compiled and printed the October 1982 edition of the Civil Law Teaching and Research Office of Northwest University of Political Science and Law
Chen Guozhu of Civil Law, editor-in-chief of Jilin University Press, early September 1984, civil law (missing book shadow), Li Jingtang editor-in-chief, Civil Law Teaching and Research Department of Zhongnan University of Political Science and Law, 1985 edition
From 1986 to April 12, 1990, the General Principles of Civil Law were promulgated (effective since January 1, 1987), and from then until the early 90s, the domestic civil law textbooks had a new look.
General Principles of the Civil Law of the People's Republic of China
Law Press, June 1986
Li Youyi, a civil law scholar, edited by Peking University Press, first edition in September 1988
Tong Rou of Chinese Civil Law, editor-in-chief of Law Press, November 1990, first edition of Civil Law Course (missing book shadow), revised and printed by the Civil Law Teaching and Research Office of East China University of Political Science and Law, 1987
Jin Ping, editor-in-chief of the General Principles of Civil Law, first edition of Chongqing Publishing House, 1987
Zhou Yuanbo, editor-in-chief of the Chinese Civil Law Course, Nanjing University Press, early February 1988, Civil Law (missing book shadow), Liang Huixing, editor-in-chief, 1988 edition
New Treatise on Civil Law: Wang Liming, Guo Mingrui, Wu Handong, editor-in-chief, China University of Political Science and Law Press, May 1988
From 1991 to the early 90s, the "Principles of Civil Law" edited by Mr. Zhang Junhao highlighted the system view and methodology (summarized in Mr. Jiang Ping's "Preface"), especially its second chapter refers to Professor Huang Maorong, a scholar from mainland Taiwan, "Legal Methods and Modern Civil Law" and introduces "Legal Methods and Civil Law", which indeed gives people a refreshing feeling.
Principles of Civil Law: Zhang Junhao, editor-in-chief, China University of Political Science and Law Press, October 2000
Modern Civil Law: Yu Nengbin, Ma Junju, editor-in-chief, Wuhan University Press, 1995
Chinese Civil Law and Civil Law Creditor's Rights Wang Jiafu Editor-in-Chief of the Law Publishing House: The "qualitative change" in the early edition of China's civil law textbooks in September 1991 began with a series of textbooks compiled by the Ministry of Justice, that is, the "Ninth Five-Year Plan" law textbooks for colleges and universities published by the Law Press at that time (the "Explanation" for the responsible editor of modern law textbooks). The basic feature of this series of textbooks is to break the "one book" model of the original unified textbook.
General Treatise on Civil Law, Liang Huixing, Law Press, August 1996
Property Law: Liang Huixing and Chen Huabin, edited by Law Press, July 1997
General Treatise on the Law of Obligations, Zhang Guangxing, Law Publishing House, July 1997, first edition
Contract Law: Cui Jianyuan, Law Press, first edition, 1998
Tort: Wang Liming and Yang Lixin, edited by Law Press, December 1996
Kinship Law Yang Dawen, first edition of Law Press, December 1997
Inheritance Law: Guo Mingrui and Fang Shaokun, edited by Law Press, January 1996
Personality Rights Law Wang Liming, Yang Lixin, Yao Hui edited by Law Press, November 2000
The Original Theory of Civil Law (first and second volumes), Ma Junju, Yu Yanman, Law Publishing House, August 1998
Civil Law Wei Zhenqi Beijing University Press September 2000 First Edition
Since 2001 and the beginning of the 21st century, there have been new changes in the writing and publication of civil law textbooks, one of the notable changes is the emergence of a new generation of independent authors, mainly the "post-60s" and "post-70s".
General Introduction to Civil Law, Long Weiqiu, China Legal Publishing House, April 2001
General Introduction to Contract Law, Han Shiyuan, Law Press, November 2004
Contract Law: Li Yongjun, Law Press, January 2004
Tort Liability Law Zhang Xinbao, Chinese Press, April 2006
General Introduction to Civil Law, Liu Kaixiang, Peking University Press, April 2006
General Introduction to Civil Law, Xu Guodong, Higher Education Press, November 2007
Liu Baoyu, a student of property law, China Legal Publishing House, November 2007
General Principles of Contract Law, Zhu Guangxin, Chinese Minmin University Press, May 2008
Principles of Property Law, Shen Weixing, Chinese Minmin University Press, August 2008
Liu Jia'an, China University of Political Science and Law Press, February 2009
(Now renamed Civil Law Property Rights)
Han Shiyuan, Contract Law, Higher Education Press, October 2010
Tort Liability Law Cheng Xiao Published by Law Press, August 2011
Tort Law Zhou Youjun, Chinese Press, April 2011
General Introduction to Civil Law, Zhu Qingyu, Peking University Press, August 2013
Wang Hongliang, General Introduction to Debt Law, Peking University Press, May 2016
General Introduction to Civil Law: Yang Daixiong, Peking University Press, October 2022
Another phenomenon worth noting is the beginning of attempts to write in various fields of civil law textbooks on their own.
General Principles of Civil Law Wang Liming, Chinese Minmin University, September 2017
Personality Rights Law Wang Liming, Chinese Minmin University Press, January 2016
Liming, the author of Liming, Chinese Minmin University Press, April 2015
Wang Liming, General Principles of the Law of Debt, Chinese Minmin University Press, April 2016
Contract Law Wang Liming, Chinese Ming University Press, July 2015
Tort Liability Law Wang Liming, Chinese Minmin University Press, January 2016
Cui Jianyuan, Property Law, Chinese Minmin University Press, July 2009
Cui Jianyuan, General Introduction to Debt Law, Law Press, October 2013
Written by Cui Jianyuan, a scholar of contract law
Law Press, March 2015
Principles of Property Law, Chen Huabin, National Academy of Administration Press, September 2002
General Introduction to Civil Law, Chen Huabin, China Legal Publishing House, November 2011
Chen Huabin, China Legal Publishing House, May 2010
Chen Huabin, General Introduction to Debt Law, China Legal Publishing House, May 2012
Chen Huabin, Monograph on Debt Law, China Legal Publishing House, January 2014
Of course, in order to adapt to different teaching needs, there are also various civil law textbooks integrated into one book, such as the "Horse Project" series of civil law textbooks.
Jiang Ping, Civil Law Editor-in-Chief, China University of Political Science and Law Press, September 2007
Civil Law
Wang Liming edited the first edition of Law Press, September 2005
Minfa Wang Weiguo Editor-in-Chief, China University of Political Science and Law Press, November 2007
Chinese Civil Law Tan Qiping edited the first edition of Law Press, March 2015
The article only represents the author's personal views and positions
| Scan the code to add Xia Qianshian's personal WeChat Share the daily visa exclusive to legal personnel every day Contributions are also very welcome! |
-Painted eggshell-
Click ↓ to enter Mai Reading Bookstore to reply to the book list to get the Mai Reading Small Book List collection