Review and outlook of Chinese legal research in 2019
December 25, 2019 09:40 Source: "Journal of Social Sciences", December 25, 2019, Total No. 1844 Author: Shu Guo 滢 Wang Xia Hao

2019,We face artificial intelligence、Blockchain and other emerging knowledge "explosions",Consciously or unconsciously becomes a force that promotes them to blend with legal research; in this year,We remove the mustard、Breaking the barriers,More and more cross -law studies have emerged; in this year,We are clear source、Explore on the shape,Those trying to return to the yuan question、yuan concept、The research of the theory of yuan is no longer limited to the field of theoretical law,More people have the courage and even the ability to open the construction integrated knowledge framework。In this year,We witnessed the Shengjing of the Code compilation era,But in the noise of all kinds of knowledge: When we gradually break through the siege of philosophy,Will the return of the real doctrine be far away?

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"Artificial Intelligence" and "Blockchain" are the two most popular theme words in legal academic research in 2019。Generally speaking,Law research on "artificial intelligence" is roughly expanded in three paths,Study on philosophical orientation、Research on doctrine orientation and research on "institutional -technology" orientation。The discussion of the philosophical orientation focuses on the reconstruction of the "personality" of the law of the law of artificial intelligence,It is based on the ontology of "whether artificial intelligence is a person or a person"。The challenge of artificial intelligence on the doctrine of Fa -do must be due to its "people" or "people".,Otherwise,Relying on the common explanation operation can be melted。"System bet365 best casino games -Technical" orientation research is the most powerful,It not only attracted a large number of practical observers、Practitioners devoted to it,It is also borrowed as a bridge from law to natural science,You can see the mystery from the rise of the "algorithm"。

Of course,The sound of criticism is also endless,Professor Liu Yanhong made a judgment on the current "anti -intelligence of artificial intelligence law research",Most discussions on the "qualifications of artificial intelligence legal subjects" are also filled with pessimism,Where should the research of artificial intelligence law be available,Clarity of time is needed、Torture。As for "blockchain",It is more like a "problem set"。It does not seem to have the way to change legal knowledge like "artificial intelligence"、The powerful ability of the self -structure method,But at the level of social facts, I put forward some new ideas for the current institutional arrangement、made some new dilemma、Some new resources have been provided。

We should be sensitive to at the same time,The "explosion" of these emerging knowledge formats must have a response to a large number of emerging rights; or,The functions and mission of these emerging rights are the empirical "rectification" or "endorsement" of the above -mentioned emerging knowledge.。So,We can also find,Emerging (type) rights and related research topics,In the legal knowledge production activity in 2019,Equally prominent; the pulse involved in the emerging rights review and description of emerging rights at the level of social facts、The legitimate certificate of the emerging rights is completed、Episodes the legitimate syndromes of emerging rights、Exploration and institutional arrangement of emerging rights。

The emergence of cross -disciplinary research

In the usual concept,"Cross Discipline" research belongs to the "edge law" category,This may be the case in terms of knowledge; but,If you look at the situation of Chinese legal Bet365 app download research from 2019 and even in the past three years,The conclusions obtained by it may be the opposite。Nature of the "Law of the Division",Still from some kind of "zero -degree" knowledge pursuit (such as artificial intelligence mentioned earlier、Blockchain, etc.),Or is it a school with its own ideas,It can solve one or two for this kind of "Xuexue" that deviates from the common cognitive laws.。

but but,Naturally there are elements and fragments worthy of encouraging。For example,Study on the "Social Theory Law" of the current popularity,It takes "Systematic Law" as the base,Obight compensation for the introduction of another important knowledge and tradition of the European continent except doctrine、Hengping action,To some extent, the domestic law and science community、Theoretical Law Social Sciences、The main force of youth research in the constitutional academic community is integrated,Even the influence of knowledge affects、Extension to legislative、Administrative Law、Criminal Law、Business Law and other fields and departments。The reason why it is worth encouraging,But it is not just about the spread of knowledge、Energy efficiency on transplantation,More importantly,It guides the current young scholars to find a "methodology consciousness" based on a community -based "methodology"。Although judging from the big road,This effort cannot make core contributions to the construction of China's original legal knowledge,But can play a barrier effect on those aimless utilitarian discussions,Then the "overall improvement" and "rational return" of Chinese legal research。

In addition,The problem worthy of our thinking is,The emergence of cross -disciplinary research is the regular result of the "central construction" of legal knowledge "central construction",Or is it Bet365 app download because of some foundation errors in the type of legal knowledge production? if the latter one,So,The next road will be long。

  Research on the theoretical field of yuan

In recent years,Many scholars (especially young scholars) have begun to pay attention to research in the field of theory of law。This kind of fully concerned about the field of theory,At least to some extent, the theoretical law "available"。This is not a humble speech,but a "hidden pain"。The "Legal Action Plan" led by Professor Zhang Weixian held a node conference in April 2019,Based on the accumulation of the first nine times (runs through the law of various departments,It also involves many hot law research fields),Discuss the problem of "concept of jurisprudence" and form "Qingdao Consensus"; then in November,Cooperation with China University of Political Science and Law,Analyzing the boundary between the category of "Jurisha" and "the Team of Fa",To clarify the accumulation of the academic world for a long time、Misunderstandings of "Doctrine of Law"。

Rise in Shanghai、Natural law research community that fully reflects the vitality of young scholars continues to amplify this impact,They are ambitious in China with the "Revision of Natural Law Research",Seeking from the philosophy world、Historically, the world、Resource assistance in the sociological world,Dialogue with "Classical Thinking",It is for the more fundamental meta -theoretical exploration。

As for departmental law,Civil Law science with exquisite doctrine technology、Criminal Law Communities,It is no longer delayed more detailed but "peripheral" practical knowledge,and are interested in retrospective basic concepts。For example,Professor Chen Xingliang is known as "Commenting Criminal Law to Arrives Criminal Law through the philosophy of criminal law",Actually clarified bet365 Play online games the conceptual relationship between the philosophy of criminal law and the doctrine of criminal law。Another example,Professor Zhao Hong's historical traceability of the basic category of the administrative law of "subjective public rights",Professor Peng Chengxin's discussion on the essence of rights conflict,Professor Fang Shaokun's attributes of personal information,Shi Tiantao、Professor Zhu Ciyun and other determination of the social responsibility of the company,This is the department law -not only involves public law,More involved in the private law -all discussions on research are all。

The above -mentioned "Yuan" theoretical orientation regression of the theoretical law and department law,Perhaps it comes from the appeal of related academic movements,Perhaps it may be a manifestation of the common body of legal knowledge。But no matter what,The gratifying is always the advanced thinking: learning people no longer addicted to those "urgent chapters" research,I am also willing to conduct more challenging and difficult thinking and knowledge homework,This will definitely lead to the healthy development and return of rational regression of Chinese legal disciplines in the large historical framework。

  Outlook of Future Research

In mid -2019,We have the blame and joy of facing emerging asanons,There is also the confusion and anxiety that deviates from the normal track,There is a self -introspection and self -determination that is more difficult but solemn; we can observe the gratifying factor that helps the growth of legal knowledge,But I also have to face the pity of the doctrine of doctrine in the "General Theory of Law Knowledge"。Now,Civil Code compilation has entered the sprint stage,When the doctors of the civil law are excited,Callfully think about how to compile in the Civil Code、After the placement bet365 best casino games is promoted, it will be promoted、The new "doctrine cycle",Maybe more meaningful。

As mentioned earlier,The original law (or authentic law) study we have always advocated,Is it because of the rooting of the academic soil in China、Strong growth without taking care of、Temporarily shelved,Or because we have not unveiled its veil from the beginning,but I don't know what it is? The answer may be mostly the latter。The scientific phenomenon used by artificial intelligence and blockchain is not difficult to find,Researchers are neither general scientific character,I don’t know about this problem.,I don’t know what the "law" itself looks like; but always turn around、Confused in various appearances or "others",I can't stop the footsteps、Unable to draw back,It may eventually drowned in it。

Correct approach,or,The practice of solving the problems of "scientific science" and "getting rid of naive diseases of law" that everyone really cares about is to help Chinese legal research to re -enter the track of doctrine;,Constructing a scientific cognition about law and religion,Establishing (narrow) the same concept of law and the doctrine of law,Abandoned the partial view of the jurisdiction of the teachings to a theoretical genre or ideological camp,ushered in its true meaning,Write the ontology of the nature of the law of law。Especially for theoretical law,Do not confuse legal science with the doctrine of the law,It is believed that the doctrine of law and doctrine is jurisprudence or the doctrine of law,or a certain faction in jurisprudence; don't simply equate the doctrine of law and teachings with the interpretation of the law (Law Interpretation、Law interpretation)、Concept Law、Standard Law, etc.,Then "dwarf"。To understand the philosophy of the law objectively、Legal Politics、Law Economics、bet365 Play online games Law Sociology、Law and Literature, etc. "Study About Law",and use this to consolidate the basic position of law the teach -the -teheron of law as "Study of Law,This is the foundation of a legal scholar、The future development of law disciplines!

  (The author is a professor at the School of Law of China University of Political Science and Law)

Editor in charge: Wang Ning
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