In the vast sea of books, what books should be used for limited time and limited energy? What I recommend to you today is that the list of law books that have been cited more than 10,000 times according to statistics is a classic, which is worth collecting and reading.
Source | China University of Political Science and Law Library
"Classical legal monographs cited more than 10,000 times"
01
《Jurisprudence》
Ge Hongyi is the editor-in-chief
China University of Political Science and Law Press
Citations: 14751
Jurisprudence is based on the 2002 revised edition, maintaining the original characteristics and chapter arrangement, and inviting the original authors to revise their respective parts, in light of the needs of current social changes and the development of the rule of law, as well as the latest achievements in theoretical research. In particular, important research results in recent years have been added to the annotations. In terms of style, the focus is on adding the learning objectives and requirements of the chapter at the beginning of each chapter, prompting students to pay attention to grasping the core ideas or key and difficult contents. Set up reflection questions at the end of each chapter as a review and summary of the content of the chapter; In addition, a recommended reading list is set up to help students expand their knowledge so that they can further grasp the basic theories and basic ideas. It is hoped that greater convenience will be made for the teaching of jurisprudence.
02
Criminal Law
Zhang Mingkai, ed
Law Press
Citations: 12678
This book is Professor Zhang Mingkai's distinctive style and unique scholarly masterpiece. Whether it is the construction of the theoretical system or the logic of analyzing the problem, it has a strong idea of protecting legal interests and a strong atmosphere of mainland criminal law theory. The author takes the hermeneutics of criminal law as the ontology to explore the true meaning and inner concept of written law. The sixth edition still adheres to the substantive interpretation of the constituent elements on the premise of abiding by the principle of legality of crimes, adopts the position of the theory of valuelessness of the result, adopts the theory of normative responsibility based on the premise of psychological responsibility theory in the field of responsibility, and adopts the combined punishment theory of limiting preventive punishment with responsibility punishment in the field of punishment theory.
03
The Rule of Law and Its Indigenous Resources
Written by Su Li
China University of Political Science and Law Press
Citations: 12610
The content of this book is based on interdisciplinary background, starting from the simple social and legal issues, and focusing on a series of important theoretical issues of contemporary Chinese law and jurisprudence. For example, legal circumvention and legal pluralism, legal localization, legal specialization, the substitution of market and law, and legal research methodology. His academic background includes economics, anthropology, sociology, hermeneutics, and philosophy of language. In order to show the inseparable relationship between law and other disciplines from the plain, we will creatively introduce interdisciplinary knowledge into Chinese legal research and integrate it into Chinese law.
04
General Introduction to the Law of Obligations
Written by Shi Shangkuan
China University of Political Science and Law Press
Citations: 11574
"General Theory of the Law of Obligations" is published by China University of Political Science and Law Press, and civil law is the basis of all laws. Private law does not need to be discussed, but those who want to govern public law should also have a good understanding of civil law, and then they can obtain its true meaning. In civil law, the law of obligations is the most important part, and the general theory of debt is actually the sum of the theory of the law of obligations. It is recalled that since the promulgation and implementation of the civil law in the 19th year of the Republic of China, it has been more than 20 years, during which there have been many civil law writings, but compared with Germany and France, it is still far behind. The American Pound is a well-known jurist who is familiar with both common law and civil law, and has also studied Chinese law.
The relationship between good and civil law is intricate, far from being comparable with other laws, and it is difficult to apply them unless they are all integrated. At the beginning of the establishment of the Legislative Yuan, the author was responsible for the drafting of the Civil Code, and after the completion of the law, he originally planned to engage in this work, but at that time, there were many other codes and important laws that had yet to be completed or revised, so in fact, some of them were not allowed. Referring to the original works of Switzerland, Germany, France and Japan on the civil law, we will explore the source of the original texts respectively, conduct comprehensive research, and weigh the trade-offs and adaptations based on the provisions of the Chinese civil law. It is not confined to the words of one family, nor is it muddy in the law of a country, and it is difficult to say that all the arguments are acceptable, but it is difficult to say that all kinds of questions are raised, and there may be a lot of inspiration for the study of Sixue. However, it involves too much and extends too much, and it is difficult to take care of it, and negligence is inevitable. It is also fortunate for the author to be able to cast bricks and lead jade, and the writings of Bisian studies are becoming more and more profound and magnificent, so as to carry forward the great law of law.
05
Economic Analysis of Law
Richard S. by A. Posner; Translated by Jiang Zhaokang
Encyclopedia of China Publishing House
Citations: 11553
The author uses the price theory theory based on classical economics to conduct a comprehensive economic analysis of American legal theory, legal history, constitutional law, property rights law, contract law, tort law, criminal law, antitrust law, labor law, company law, securities law, tax law, international trade law, legal procedure rules and other issues, providing academic guidance and summarizing the results for the study of law and economics, making this book the most outstanding classic work and textbook in the field of law and economics in the United States and even the world. It not only helps us to have a comprehensive understanding of the history and progress of legal and economic research, but also is an important way for us to learn the research methods of legal economics and apply them to solve practical problems in Chinese law.
06
Legal Methodology
by Larenz; Translated by Chen Ai'e
The Commercial Press
Citations: 11209
"Legal Methodology" is an important work of the famous German jurist Karl Larenz, and it is also a classic work in legal theory. It mainly introduces the theory and methodology of German law from the beginning of the 19th century to the end of the First World War. This translation by Taiwanese scholar Ms. Chen Ai'e is an abridged student edition, with the aim of enabling readers to discern the source from the author's grand narrative and quickly obtain an impression and outline of German legal theory and methodology. The self-evident doctrine of German jurisprudence and its methodological approach are still largely rooted in 19th-century scholarship, such as the theories of Savigny, Yellin and their successors. As such, it remains indispensable for those who strive for a deeper understanding of the methodology, including today's.
07
《Jurisprudence》
Zhang Wenxian is the editor-in-chief
Higher Education Press
Citations: 10999
Starting from the academic and disciplinary orientation of jurisprudence, this book concisely introduces the history, discipline system and education of law, profoundly reveals the ontology and logic of law, comprehensively expounds the basic topics of jurisprudence, and systematically discusses the major theoretical and practical frontier issues of comprehensively governing the country according to law and building a rule of law in China. Secondly, this book also fully embodies Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the innovative achievements of socialist rule of law theory and legal theory with Chinese characteristics since the 18th National Congress of the Communist Party of China, and extensively absorbs the latest achievements in jurisprudence research and teaching at home and abroad since the publication of the fourth edition. In addition, this book seriously explores the return of the essential attributes of jurisprudence, adheres to the central theme of "jurisprudence", and makes the elements of jurisprudence run through the textbook.
08
"Ancient Law"
by Main Main; Translated by Shen Jingyi
The Commercial Press
Citations: 10717
The main purpose of the Ancient Law is to briefly explain some of the earliest ideas of mankind reflected in the "Ancient Law" and to point out the relationship between these ideas and modern thought. Without a set of laws such as Roman law, most of the studies attempted in this paper will not have the slightest hope of reaching useful results. For in the most ancient part of Roman law there are traces of the oldest ancient things, and in its later provisions there are materials on the civil system that govern modern society even to this day.
The necessity of treating Roman law as a typical institution has led the author to adopt a seemingly disproportionate number of examples from it; But he did not intend to write a treatise on Roman jurisprudence, and he tried to avoid as much as possible anything sufficient to give his work such a appearance. Chapters III and IV devote a portion of space to some of the philosophical theories of Roman jurisprudence for two reasons. First, the author argues that these theories have a broader and more permanent impact on the world's thinking and behavior than is generally assumed. Secondly, these theories are believed to be the source of most of the opinions on the various issues discussed in the Ancient Law that have until recently prevailed. If the author does not explain his opinion on the origin, significance, and value of these pure theories, the work he undertakes will not be able to do a thorough and thorough job.
09
Procedural Justice and Litigation
by Yasuhei Taniguchi; Translated by Wang Yaxin and Liu Rongjun
China University of Political Science and Law Press
Citations: 10696
Professor Wang Yaxin, the translator of Procedural Justice and Litigation, is one of the few Chinese scholars who have a strong interest in civil procedure. I think this is the call of the times. In order to adapt to and promote the rapid reform and opening up of economic life since the 1980s, China has embarked on a campaign to modernize the civil justice system. I would be more than happy if my work could be of benefit to those who are going through this rapid change. If they don't have any immediate value, I still expect this Chinese edition to be a long and useful reference for readers who wish to learn about civil procedure and procedural jurisprudence in Japan.
I am very pleased that some of my previous works have been translated into Chinese, so that many Chinese readers can read them. The essays in Procedural Justice and Litigation have been written in a variety of contexts and intended for a diverse audience. However, Japanese readers are always expected of themselves. With the exception of one or two Chinese students studying in Japan, I never dreamed that they would one day be read by Chinese readers. Even for Chinese students in Japan, I don't have much to expect, because there are very few interested Chinese students in the specific areas covered by Procedural Justice and Litigation. Of course, this has changed not so long ago.
10
On Crime and Punishment
Beccaria; Translated by Huang Feng
Encyclopedia of China Publishing House
Citations: 10148
First published in 1764, Beccaria, the founder of the Italian school of criminal justice, was the first book in human history to systematically expound the principles of criminal crime. The book has a great humanitarian atmosphere, angrily condemns the extortion of confessions by torture and the death penalty, advocates the reform of the criminal law, and strives to promote the modern sentencing principle of commensurate crime and punishment. The book immediately brought the author great fame and was translated into many languages, and it had a significant impact on the reform of criminal law in Russia, Prussia, and Austria. The book is considered one of the most important classics in the field of criminal law.