985
Journal of CUPL No.2 A Bimo nt hly Mar ch 2 0 1 0 ABSTRACTS Getting to the Root and Compromising China with the West: Rebuilding the Chinese Legal System 5 Yu Ronggen /Professor, Southwest University of Political Science and Law. Abstract : There are necessity, success and indigestion in the process of law transplantation for more than 100 years. The development of Chinese law and the rule of law must be walking on two legs: transplanted western legal system and the subsequent tradition. Because of the collective forgetting and misunderstanding of the traditional culture and the Chinese Legal System, it is necessary to get to the root. On this basis, can we compromise China with the West, take the essence of the tradition culture and rebuild the Chinese Legal System. Discussions on the Rule of Law in Transition 9 Sun Xiaoxia, etc. / Professor, Zhejiang University Law School. Abstract : 2009 was an important year, which was both the terminus of the first 30 years of the PRC, but also the starting point of the later 30 years. Before and after 90 years of 2009 are that we understand the narrow sense of transition.one of the purposes of this meeting is attention to the reality, that is concerning about the grass-roots social changes and rule of law in local level. Return to the Tradition: One of the Studies on Century-old Chinese Civil Law 34 Liu Jingwei / Professor, China University of Political Science and Law. Abstract : Contemporary China s civil law on its historical origins stemed from the inheritance of the Civil Law System, such as the civil laws of Germany and Japan, from the late Qing to the Republic of China. During this period, we gradually built up a more systematic theoretical system of civil law based on the concept of private law by implementing take-ism strategy. After the founding of New China in 1949, with abandon of the old legitimacy and criticism and negation of the old law theory, the initial shape of the civil law theory system inherited was abruptly discontinued. Furthermore, along with the overall ideology of Soviet Union, as well as ideas of public ownership and planned economy system, China turned to accept the former Soviet Union s socialist theory of civil law. This is a theory serve to the highly centralized political system and economic system, which basic feature lies in insisting the party interest and public law spirit of civil law. Selfish and Self-interest Human Being and Self-restrained and Public-interest Human Being: Analysis on Human Nature Differences Between Private Law and Social Law 62 Zhao Hongmei / Associate professor, director of Social Law Research Institute of China University of Political Science and Law. Abstract : Social law is the third domain out of public law and private law. Private law and social law differ 158