"Meeting the Literature and Science: The Road to Deep in Chinese Law"
Shouzhu Writing
Shanghai Jiaotong University Press
Introduction to content
titles this book takes the Chinese Law paradigm as a clue to reflect on the research, education, and talent training of Chinese law. Text language, graphic language, and symbolic language correspond to the primary stage, intermediate stage and advanced stage of the form of expression of research results. The Chinese legal paradigm is currently in its early stages, so it is difficult to discover deeper legal laws and express higher-level research results. The solution to this problem is to understand literature and science, which can improve the level of legal research, improve the quality of legal education, and enhance the talents of legal scholars. This book discusses from a multidisciplinary perspective, contains a large number of examples, both original, academic and readable.
Author Profile
Shou Step, Bachelor of Engineering in Automatic Control, Computer Application Major ( Artificial Intelligence Research Direction) Master of Engineering in . Professor, doctoral supervisor, director of the Cyberspace Governance Research Center, and director of the Intellectual Property Research Center. He also serves as the vice president of of the Chinese Society of Science and Technology Law and the vice president of the Internet and Information Law Research Association of the Chinese Society of Law. In 2003, he was elected as the second outstanding young and middle-aged legal scholar in Shanghai. In 2017, he won the Outstanding Contribution Award of Science and Technology Law of the Chinese Society of Science and Technology Law. He has successively focused on academic fields such as computer science, intellectual property law, network law, legal research and legal education, and artificial intelligence philosophy, ethics and law.
huitong liberal arts and science book review
In the general impression, the law major is a pure liberal arts, and in the discipline construction of colleges and universities, they are all carried out along the ideas of liberal arts construction. Professor Shoubu, the author of "Huitong Literature and Science - The Road to Deep in Chinese Law" - Shanghai Jiaotong University Law School, is a bachelor's degree in engineering and master's degree. With his more than 30 years of teaching, research and legal practice experience, starting from the Chinese legal paradigm, he reflects on the legal research, legal education, and legal talent training in today's China.
The author believes that the Chinese legal paradigm is currently in its infancy. The reason is that the liberal arts and science divisions and college entrance examination students are mainly liberal arts students. Therefore, it is impossible to set up advanced mathematical knowledge courses in the undergraduate training program of law majors, and even if the content is occasionally set, it is very simple. This leads to the fact that undergraduate law graduates who are "from law classes" and even those with bachelor's, master's and doctoral degree students who have received "complete legal education" generally lack advanced mathematical knowledge base and lack basic training in graphic language and symbolic language. Therefore, the Chinese legal community, which is based on the law class, cannot improve the expression form of research results from the primary stage to the intermediate stage or even the advanced stage. The
paradigm is an important component of the academic system. In order to build the Chinese-style legal system, adapt to the great changes that the world is undergoing in an unseen century, enhance the strength of Chinese legal research, improve the level of Chinese legal research, and improve China's international discourse power in the field of law, it is necessary to build the concept of Chinese legal education on the three steps that have been experienced since the reform and opening up of , that is, from the "inheritance of righteousness" of legal knowledge accumulation, the "practice application" of legal ability cultivation, and the "careful thinking" formed by the shaping of legal concepts On the basis of distinction, we will take another step to the "integration of literature and science" to achieve the transformation of legal paradigm; it is necessary to expand the requirements of Chinese legal research and legal paper writing from the three dimensions of "legal standpoint", "humanistic consideration" and "social science vision" to the fourth dimension "schema expression", so that Chinese law can move towards a profound path; it is necessary to shift the orientation of legal methodology from simply accepting qualitative methodology and being able to be compatible with quantitative methodology, and finally to adopt mixed methodology to integrate qualitative methods and quantitative methods to solve problems.
The author proposed that Chinese legal education should cultivate new types of legal persons who are versed in literature and science, ancient and modern, and Chinese and Western, that is, they have a high-level mathematical knowledge foundation, are good at logical thinking, are accustomed to graphic language and symbolic language, understand the Chinese legal system, the mainland legal system, the British and American legal system, and be familiar with the socialist legal system with Chinese characteristics.
To this end, practical measures need to be taken to improve the Chinese legal paradigm:
First, after adjusting the main channel for training Chinese legal talents from undergraduate to undergraduate, that is, to cultivate legal talents mainly among undergraduate graduates in illegal majors (especially science and engineering majors);
Second, when recruiting law doctoral students, they are given priority to recruit law master graduates from illegal undergraduates (especially science and engineering undergraduates);
Third, the main conditions for introducing law teachers are changed from the background of the law class to at least one illegal degree (especially science and engineering degree) to facilitate the conscious transformation of the Chinese legal paradigm, to facilitate the discovery of deeper legal laws and expressing higher-level legal research results.
In this book, the author uses many academic works by researchers from multiple disciplines as an example to illustrate the necessity of understanding Chinese law and liberal arts and science. This book involves multidisciplinary knowledge. In addition to law, there are also philosophy of science (paradigm), mathematics ( logic algebra , type theory, set theory ), computer science (data structures, international standards for information security, algorithms, programs, PROLOG, LISP, artificial intelligence), philosophy (Fang Dongmei philosophy, Mou Zongsan philosophy, artificial intelligence philosophy, logic Compilation , ethics ), Buddhist (the Heart Sutra and the Five Unreflection Principles), Complexity Science (Emergency Theory), Psychology (Prototype Theory, Semantic Network Theory, Cognitive Psychology), History (Huang Renyu’s Great Historical View), Social Science Methodology (Quantitative Methodology, Qualitative Methodology, Mixed Methodology), and International Relations Theory ( Constructivism ), readers can measure and think about where the development of Chinese law should go.
(The author of this article, Ti Wenjing,
is the editor of Shanghai Jiaotong University Press, and the editor of this book is responsible)
Information: Shanghai Jiaotong University Press,
Editor: Shenyang
