Jiang Ping: "The only thing I hope for is to hold high the banner of independence and criticism"

On the evening of the 19th, Wang Yong, a professor at the School of Civil, Commercial and Economic Law of China University of Political Science and Law, posted a recent message in his circle of friends was a video of Mr. Jiang Ping before his death. In the video, the old gentleman is half-sitting on a hospital bed covered with white sheets, wearing an oxygen tube and headphones, listening to his favorite music. He waved slowly at the camera, saying his final goodbye to the world and his uncompeting career.

At 12:28 on December 19, 2023, Jiang Ping, former president, tenured professor and doctoral supervisor of China University of Political Science and Law, passed away in Beijing at the age of 94 due to ineffective medical treatment. At about 18 o'clock in the afternoon of the same day, the official website of China University of Political Science and Law released an obituary.

Jiang Ping is one of the main founders of civil and commercial law in the mainland, and he creatively put forward a series of theoretical viewpoints on civil and commercial law, leading China's civil and commercial law from development to maturity, and laying the theoretical foundation for the mainland's civil and commercial legal system; as the person in charge, he took the lead in organizing the drafting of the "Administrative Litigation Law" and the "Trust Law"; as a major expert, he participated in the legislative work of many important laws such as the "General Principles of Civil Law", "Contract Law", "Property Law", and "Civil Code".

After entering his old age, Jiang Ping is still campaigning for human rights, private rights, and the development of the private economy. In a university exchange meeting in 2016, Jiang Ping, who is in his eighties, said: "I have always believed that the rule of law in the market economy includes two aspects: the rule of law for market freedom and the rule of law for market order. ”

In the last year of his life, Jiang Ping also appeared at the 23rd Jiang Minmin Commercial Law Scholarship Award Ceremony and other social activities held by China University of Political Science and Law in April this year. "Teacher Jiang Ping is a divine existence to us, and nothing I say now is enough to express our inner feelings. A few months ago, Jiang Ping was invited to participate in an academic event held by a law firm, and the lawyer who invited Jiang Ping at that time told the first financial reporter when talking about Jiang Ping's death.

He Peihua, Jiang Ping's doctoral student at the China Political Science and Law Department and the director of Guangdong Huanyu Jingmao Law Firm, was deeply surprised by Jiang Ping's sudden death. "In August this year, a month after my wife left, we held a memorial service in Beijing, and due to the large number of people, I only chatted with Mr. Jiang Ping for a while, but I didn't expect this to be the last time we met. He Peihua said in an interview with the first financial reporter.

Siren has passed away, but the stone tablet inscribed by Jiang Ping "Rule of Law in the World" still stands on the campus of the Chinese Political Science and Law. Huang Jin, who later served as the president of the China University of Political Science and Law, once commented: "China University of Political Science and Law has a spirit, that is, the spirit of bowing only to the truth, and this spirit was created by Mr. Jiang Ping with his words and deeds, and he will always be a banner of our Law University." ”

A "halfway monk" lawyer

Jiang Ping's life has not only witnessed the construction and improvement of China's civil law system, but also profoundly influenced generations of legal people with his persistence in pursuing the truth, his stubbornness in pursuing the Chinese ideal of the rule of law, and his calmness in the face of the ups and downs of life.

Jiang Ping was born in December 1930 in Ningbo, Zhejiang. As a later legal hero, Jiang Ping and the law were associated with a "beautiful accident". In 1948, Jiang Ping was admitted to the Department of Journalism of Yenching University because "journalism is as unrestrained and passionate as my character". At that time, it was his dream to become a journalist.

After the founding of the People's Republic of China, the Ministry of Higher Education organized the first selection of students to study in the Soviet Union in 1951, and Jiang Ping was selected as one of the first batch of international students. In that year, Jiang Ping was arranged to enter the law faculty of Lomonosov State University in Moscow. Nearly five years of studying abroad made Roman law the origin of his academic thinking that accompanied him for many years.

In 1956, Jiang Ping graduated from Moscow University one year ahead of schedule with full honors and was assigned to teach at the Beijing University of Political Science and Law (the predecessor of China University of Political Science and Law). But only a year later, he was branded a "rightist".

He Peihua told this reporter that Jiang Ping had ups and downs in his life and had experienced many hardships, such as being branded a "rightist" in the "Anti-Rightist Movement" at that time because he gave advice to the leaders. This sudden misfortune befell him, causing his new wife Lao Yan to fly apart and the family to break up. Shortly thereafter, he was run over by a train while he was being laid to work, leaving him permanently disabled. "But in the face of this triple blow, he finally got back up and did an outstanding job, which is what encourages us the most. He Peihua said.

Jiang Ping's favorite sentence before his death was "Difficulties exist only for the cowardly". After several ups and downs, Jiang Ping returned to the academic podium. From 1983 to 1990, Jiang Ping successively served as Vice President and President of China University of Political Science and Law, and served as a member of the Standing Committee of the Seventh National People's Congress and Vice Chairman of the Law Committee of the National People's Congress.

During the same period, the General Principles of the Civil Law, which is of guiding significance in the history of the development of China's civil law, began to be drafted. When the National People's Congress initiated the drafting of the General Principles of the Civil Law, Jiang Ping was one of the four advisers. So far, the principles of "equality, voluntariness, equivalence, compensation, fairness, honesty and credit" established in the General Principles of the Civil Law are still the overarching requirements for regulating civil and commercial activities.

During his tenure at the National People's Congress, Jiang Ping also participated in the drafting of important laws such as the Contract Law, the Trust Law, the State Compensation Law, and the Administrative Litigation Law.

With Jiang Ping's increasing academic and social influence, in 1988, Jiang Ping became the president of the Central Political Science and Law. Although he did not serve for a long time, his influence lasted for 35 years, and he was called "the eternal principal" by the teachers and students of the Chinese political science and law.

Since 1983, I have been working at China University of Political Science and Law until today, and my career and life have been cared for, guided and supported by Mr. Jiang, and have never been interrupted. Tian Wenchang, honorary dean of the Advanced Institute of Criminal Defense of Northwest University of Political Science and Law and founder of Kyoto Law Firm, told reporters on the evening of the 19th.

In 1996, Jiang Ping wrote that 40 years of coaching were coming to an end. Summing up his 40 years as a teacher, he said, "When I was studying in school, I was trembling and felt that I didn't understand anything; when I graduated from university, I was full of ambition and felt that I knew everything; and when I was about to retire from the stage of history, I felt that I didn't understand anything. ”

"My mission now is to shout"

After entering the 21st century, Jiang Ping is close to the age of ancient times. However, his ideals have not yet been realized, and he is still active in the legal circle, from teaching and educating people, giving speeches to participating in legislation, promoting the protection of human rights, and calling for the protection of the rule of law and the development of the private economy.

In 2000, he founded the "China University of Political Science and Law Jiang Minmin Commercial Law Scholarship". A year later, Jiang Ping was awarded the title of "tenured professor" at China University of Political Science and Law. Until his death, Jiang Ping maintained close exchanges with the teachers and students of the Chinese Political Science and Law, and sometimes attended important events and delivered speeches.

"The audience is often packed. Xu Hao, who currently works at Beijing Jingshi Law Firm, said. He is a graduate of China Political Science and Law, and during his study at China Political Science and Law, he listened to Jiang Ping's speeches many times.

"Even if Mr. Jiang Ping is eighty or ninety years old, he can still be correct and vivid. What I admire very much is that what he talks about is often not about inscrutable legal principles, but about the realities of the day. Xu Hao said to Yicai.

In 2008, when Xu Hao appeared in front of Mr. Jiang Ping for the first time as a reporter, it was an interview article for the 30th anniversary of reform and opening up. At his home in Beijing's South Fourth Ring Road, Mr. Jiang Ping mentioned that a number of issues related to rural land are the most prominent contradictions between legislation and reality.

Regarding the issue of land requisition, which has aroused widespread social concern, Jiang Ping said that behind this is the issue of urban and rural equality. On the one hand, the rural collective land could not be transferred, and the government expropriated it from the peasants at extremely low prices, and the peasants were unwilling; on the other hand, the peasants could not build houses on the rural collective land and sell them, so small property rights were created. He believed that under the existing conditions at that time, the breakthrough could not be a breakthrough in all scopes, and it was necessary to rely on experiments to verify and gradually resolve the contradictions between legislation and reality, and between reform and stability.

"One of the complex problems facing legislation is that if it is too idealistic, it may not be implemented in reality, then it will lose its meaning, and if legislation compromises more with reality, there is no need for legislation, because legislation should reflect a higher concept of the rule of law and the requirements of the rule of law. This is a sticking point in the process of market rule of law. Jiang Ping said at the time.

In Xu Hao's view, Jiang Ping's words also point to a lawyer's higher pursuit, that is, to truly understand the value judgment behind each law and defend it. "When I first entered university, I thought that doing legal work was a test of memory, and every day was to memorize boring laws. Later, I discovered that there is a rigorous logic and value behind each law, and doing legal work tests the understanding of it. Later, I found that the test of doing legal work is the original intention and principle, for example, in economic crime cases, people often say to me, 'You can teach me how to do it', and then we need to resist the huge temptation. Mr. Jiang Ping always pursues equality, freedom and justice, and he always emphasizes the original intention and repeats common sense, which is precisely the understanding that people are often prone to error. ”

Five years later, when Zhang Yuan, the host of CBN, walked into Mr. Jiang Ping's home, like Xu Hao, he was immediately infected by the simple and book-scented layout in front of him. In 2013, when the Civil Code was in the making, Zhang Yuan and her colleagues had made full preparations before the interview, but when they sat in front of Jiang Ping, they were still moved by the strength of this old man.

"As post-80s and post-90s, we can't feel the bumps and thickness of China's rule of law process. At that time, Mr. Jiang sat across from me, and he commented on several highly controversial cases at that time, and firmly supported the rational and professional rule of law. We saw him clenched into fists, and there seemed to be light in his eyes, and the energy that emanated from him shocked us. Zhang Yuan said.

"For me, an important principle of my life is to tell the truth, and as long as what you say is true, you will eventually get the sympathy and support of the people. Bow only to the truth, this is my favorite quote. Jiang Ping said in an interview with Zhang Yuan. He also said: "What I can do for the society now is to shout, and my current social mission is to shout." Within the time, scope, and degree of influence that I can, I will try my best to advocate for the legal concepts and laws that China should have in modern times. Shouting always does something. ”

Promote the modernization of the rule of law

He Peihua told reporters that what Jiang Ping had never forgotten before his death was how to realize the modernization of the rule of law. "Many years ago, when I was walking with him during a legal seminar in Zhaoqing, Guangdong, he told me that the modernization of the rule of law is the foundation of economic, industrial, and agricultural modernization. ”

Over the years, Jiang Ping has been exploring a feasible path for the construction of the rule of law in China in the midst of ideals and realities, and has gradually realized that the rule of law is inseparable from politics, economic development and reform.

Jiang Ping mentioned in "Ups and Downs and Withering Glory: Eighty Self-Accounts" that his achievements in the academic field in the past 30 years may be closely related to the enlightenment of two people: one is Mr. Li Shenzhi and the other is Mr. Wu Jinglian.

Jiang Ping said that he and Li Shenzhi met during the Law Committee of the Seventh National People's Congress (1988~1993). At that time, Li Shenzhi was a member of the Law Committee, and Jiang Ping was the deputy director of the Law Committee. On a trip to Guizhou to inspect the work, Li Shenzhi told him: If you are engaged in the rule of law, you will eventually find that the confusion of the rule of law lies in politics, and the rule of law is inseparable from politics. This sentence is still fresh in my memory, and it also prompted me to pay more attention to the reform of the country's political system. The reform of the political system is the core of China's reform.

Jiang Ping's exchanges and cooperation with economist Wu Jinglian began with a forum of social science experts convened by the central authorities. Their peers, coupled with the fact that "we have a surprisingly consistent view on the problems and ways forward for China's reforms," have allowed these two "people" in the legal and economic professions to work together for many years. According to Jiang Ping's own account, Wu Jinglian loudly shouted that the market economy needs the rule of law, and he got a revelation from economists: China's protection of private rights is still the main problem facing the market.

"From Mr. Li Shenzhi and Mr. Wu Jinglian, I have seen two qualities of Chinese intellectuals: one is the spirit of independence, not succumbing to any pressure, and the other is the spirit of criticism, with one's own academic conscience, daring to criticize reality. When Jiang Ping reached the age of 80, he recalled the process of fellowship with these two old friends, and said, "My only hope is to inherit these two qualities in earnest, and hold high the banner of independence and criticism."

In 2020, at Wu Jinglian's 90th birthday party, Jiang Ping attended to celebrate his birthday and expressed his good wishes for "another ten years of cooperation".

With Jiang Ping's death, this wish was no longer realized. However, the cooperation between Jiang Ping and Wu Jinglian still has an influence on the economy and the rule of law. At present, the Hongfan Seminar, a cross-border exchange platform co-sponsored by the two of them with the original intention of promoting the establishment of a market economy under the rule of law in China, has lasted for ten years, with more than 100 presentations on topics such as politics, economics and law. Recently, the Hong Fan Seminar has attracted wide attention in the industry due to its expert discussions on topics such as the new round of debt risk resolution and the online disclosure system of judgment documents.

As the director of the Hongfan Institute of Law and Economics, Wang Yong has shared his bits and pieces with his mentor on his Weibo and Moments many times, allowing people to get a glimpse of the private side of this legal master. Sometimes it is the two of them discussing poetry, "Mr. Jiang said that the poems I wrote recently do not rhyme, so he took out the "New Edition of Poetry and Rhyme" that he bought in 1965 to practice poetry and gave it to me", sometimes it was the excitement of the birthday, and sometimes it was Jiang Ping talking about law and music art with people in the music industry. More routinely, he insisted on attending the award ceremony of the Jiang Minmin Commercial Law Scholarship for many years.

"Whether Mr. Jiang Ping attended the award ceremony on the evening of April 19 this year is also a tangled question. Mr. Jiang Ping was treated in the hospital for a month with a fever last summer, and although he survived the winter smoothly, his physical strength was significantly less than before, and he was more dependent on a wheelchair. However, Mr. Jiang Ping still came. In a situation where people were unprepared, Mr. Wang said, Mr. Jiang gave a 20-minute speech on two legal concepts: private law and ownership, "and he spoke Russian words skillfully, analysing the historical falsification of outdated ideas and conveying his political ideals." ”

"He has a great conscience, and he has always encouraged us to act according to our own conscience, to always stand on the side of truth, and not to lose our personality for some personal gain. He has a saying, 'Bow down to the truth.' He Peihua said, "The biggest gain in my life is that I have not only learned a wealth of legal knowledge from him, but also learned a wealth of life philosophy." His spirit of bravely shouting for China's private rights and the rule of law has always encouraged me to move forward on the road of life. ”