◉ The newness of jurisprudence should not depend on the chronological order, but on the suitability of the content to the needs of the present.
◉ Law is a kind of norm of life, and its content should change with the environment of the times to meet new needs.
◉ There are two common mistakes that mainland law students are most likely to make: (1) Lack of understanding of illegal subjects related to law. (2) There is only a partial study of the subject of law.
◉ The law is a tool to achieve a certain purpose, and the study or application of the law must pay attention to the purpose of the law and review its actual function. The most taboo offender is to chew on words and ignore the purpose and effect of the law.
◉ Most of the popular legal works in the market are guilty of the following faults: (1) Authors often like to list a bibliography at the first few pages or end of the book, including works in English, German, French, Italian, Japanese and other languages. (2) In writings, they often like to quote the doctrines of various schools or the systems of various countries without explaining the basis (e.g., see what books and laws, etc.). (3) The author often interprets the legal provisions in a realistic way, deliberately avoids the important and trivial, analyzes the superficial problems in detail, and omits difficult problems.
◉ However, most jurists in the mainland lack cultivation in this regard, and it is easy to trust and imitate others, and they often cannot distinguish whether a certain system is in line with the national conditions. I often feel overwhelmed when I encounter a new problem.
◉ The root causes of the above five kinds of problems can be summarized into the following three categories: First, the shortcomings of legal scholars, including those of lawyers: (1) complacency, (2) conservatism, (3) isolation or alienation from ordinary social life, (4) neglect of the study of legal theory, and (5) failure to emphasize the function of the legal system. Second, the backwardness of education, i.e., legal education, includes: (1) the education authorities despise legal education, (2) the legal education curriculum is outdated, (3) the law books and equipment are poor, (4) the law teaching methods are not improved, and (5) the legal research work (such as the establishment of the law research institute is enriched) has not been effectively promoted. Third, the shortcomings of society include: (1) ordinary people do not respect the law, and (2) ordinary people do not respect experts, especially legal experts.
◉ It is necessary to first eliminate the poverty of the legal field, that is, to eliminate: (1) the obsolescence of the content of law, (2) the narrowness of the scope of research, (3) the machinery of legal technology, (4) the superficiality of legal opinions, and (5) the weakness of adaptability and creativity. However, in order to achieve this, it is necessary to make efforts in three aspects, namely: (1) efforts to cultivate the law scholars themselves, (2) efforts to improve and enrich legal education, and (3) efforts to shift the general social atmosphere.
Author=Yang Zhaolong Famous Jurist Source=WeChat Public Account|Qingmiao Fa Mingyuan Source=Yang Zhaolong: "Selected Legal Writings of Yang Zhaolong", edited by Hao Tiechuan and Lu Jinbi, China University of Political Science and Law Press, 2000 edition, pp. 137-147; WeChat public account|Original title of Chinese Institute of Comprehensive Evaluation of Humanities and Social Sciences="The Eve of the Birth of "New Law" - The Poverty of Legal Scholars
- Mai Reading Book List - Commentary on the Civil Code of China Series - "Commentary on the Civil Code of China: Selected Commentaries on Articles" set
One sentence recommendation: Professor Zhu Qingyu and Professor Gao Shengping, editor-in-chief, brought together 70 well-known civil law scholars and practical experts, and took 5 years to build. At the same time, it is based on China's current judicial practice, focusing on the provisions of the current Civil Code, and comprehensively covering the interpretation and application of legal provisions in practice. This book is detailed ↓
Over the course of five years, 70 civil law scholars and practical experts will take you to bridge the gap between theory and practice and reshape the foundation of civil law
Commentary on the Civil Code of China
Recommendation: This book is the first volume of normative annotations published in the "Commentary Series on the Civil Code of China" edited by Professor Zhu Qingyu and Professor Gao Shengping. The author of this book focuses on the 18 articles of the Civil Code on the calculation of the statute of limitations and the period, integrates the principles of civil law, legislative interpretations, judicial interpretations, typical precedents and typical doctrines, and uses 480,000 words to fully present the legislative, judicial and academic views under all the legal provisions in this field. Professor Zhu Qingyu's recommendation: This book is the author's work of many years of intensive research on the statute of limitations, and it is also the integration of the research on the statute of limitations in Chinese law, and it has pushed this research in mainland China to a new height. As the first work in the series of normative annotations to the Commentary on the Civil Code of China, this book fully demonstrates the characteristics of the commentary that integrates legislation, justice and doctrine, which is exemplary. This book is detailed ↓ 18 articles and 480,000 words, this book makes the "statute of limitations" your offensive and defensive weapon | Zhu Qingyu: It's exemplary
Commentary on the Civil Code of China
After hundreds of years of practical exploration, the German academic community has finally begun to focus on the physiology and chemistry of legal commentary in the past decade. This book is one of the results of this work. This book takes the main legislative precedents around the world as the object of observation, and the sorting out and explanation of the status and causes of their legal commentaries are thought-provoking. Commentaries on mainland law are in the ascendant, and the introduction of this book is timely, so that the practice of mainland commentaries has the opportunity to move forward steadily in the lessons and reflections of other mountains. This book is detailed ↓
Jointly recommended by 15 civil law professors, this is a professional "Civil Code" for legal professionals
The article represents the author's personal views and positions only
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