2020，Faced with the world's unchanged situation and the overall strategy of the great rejuvenation of the Chinese nation，Facing a serious impact of the global epidemic and the wave of globalization，Chinese rule of law and Chinese law constantly release institutional strength and ideological power，The inspection of the rule of law and law of social development in the practice of social development。The most distinctive feature of Chinese legal research in 2020 is that it is more consciously based on practice、Response Times，Refine law theory in the practice of rule of law。

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2020，Throughout the practice of governing the country in an all -round way，Xi Jinping's thinking of the rule of law，"Civil Code" promulgated，Frequent revision activities，Judicial reform enters the depth stage，Innovation of the legal system，Many milestone events occurred in the history of the development of the rule of law in China。major theories and practical problems facing the rule of law China，Law research in the integration of legal resources，Guided by Marxism，Pay attention to the excavation of traditional legal resources，Pay attention to the reference of the traditional British and American law and the law system of the mainland and the law of the mainland and the modern field of the modern domain，Development in inheritance and reference，Innovation in development，Response in innovation response to the new situation and new problems in the construction of rule of law in innovation，It shows the autonomy and consciousness of Chinese law。

Chinese Law Research in 2020 has always been practiced with the rule of law，Constantly promoting the modernization process of the national governance system and governance capabilities with innovation theory。This mainly includes: first，Accelerate the construction of a law system with Chinese characteristics、academic system、discourse system (hereinafter referred to as "three major systems")，Govern the country according to law、Governance according to law、Administrative advancement in accordance with the law，State of the rule of law、Government of rule of law、Construction of the integration of society in the rule of law。2，Actively respond to the national strategic layout with law，Promoting the economy、Politics、Culture、Society、The system of independent legal relations in ecological fields Hengping and innovation。Justice，Overall Promoting the Development of General Law and Department of Law，Specific breakthrough legislation、Law Enforcement、Justice、Law、Supervision and other links。Fourth，Rich、Perfect、Development Law Theory and Law System，Continuously innovating and specific technologies in the field of rule of law (online trial、Judicial use of artificial intelligence, etc.)。Fifth，Consciously undertake the practice of the rule of law in the theoretical world (instruction case research, etc.)，The legal practice community transforms the results of legal research into the productivity of the rule of law (the meaning of the legislative legislation, etc.)。Sixth，Traditional public law and private law support the legal order，New Science and Technology Development has given birth to emerging fields of law (anti -drug law、Charity Law、network method, etc.)。Seventh，In early 2020, the epidemic of new crown pneumonia cope with the rule of law should respond to shortcomings (health code、Legal governance of face recognition, etc.)，Show the restoration of the industrial chain in normalized epidemic prevention、The power of rule of law in the supply chain and life order。Eighth，Chinese Fa is deeply cultivating in the direction of good law and good governance，and explore the application of the Chinese government。Ninth，Further enrich the theory of the history of traditional legal systems and the history of ideology (the legal culture of Tsinghua Jianzhong、Classic interpretation of legal legal legal legal)，Expand the theoretical system of new types of party regulations，etc.。

　　2. New highlights of Chinese law

1. Deepen Xi Jinping's research on the rule of law.November 16-17, 2020，At the working conference of the central government in accordance with the law，It clearly put forward and established Xi Jinping's thinking。Xi Jinping's Thought of the rule of law as a deep answer to why the new era is fully governed by law、How to implement the rule of law ideological and theoretical system that comprehensively govern the country in accordance with the law，As the latest achievements of the Chineseization of Marxism in the 21st century，Important topic selection of research and interpretation of the legal community。"China Social Sciences" publishedLi Lin, Zhou Youyong, Zhang Yan, Zhai Guoqiang, Wang XienSpecial articles from scholars，Many legal publications organize thematic topics，PublishedZhang Wenxian, Gong Yixiang, Ma HuaideTheoretical articles from experts，The theoretical interpretation of Xi Jinping's thinking of the rule of law has been strongly promoted。

　　2. Study on civil law research based on the formulation and implementation of the "Civil Code" as an opportunity。2020 civil law research reached a new height，It is the integrated Cheng Dacheng of many years of civil law research，This is derived from the formulation and passing of the Civil Code。"Civil Code" is the first law named after the New China.，Created the precedent of my country's Code compilation and legislation，It has a milestone meaning。On the basis，Many major theoretical innovation results published in 2020，The formulation and implementation of the Code of the People's Code laid a solid "theoretical foundation"。Representative articles are availableLu Zhongmei"Reconstruction of Environmental Infringement Rescue System with Ecological Recovery Theory"、Wang Yi"Significance of the Civil Law of Administrative License", andWang Liming、Sun Xianzhong、Cui Jianyuan、Zhang Xinbao、Yang Li Xin、Xie HongfeiTheoretical articles published by scholars。In terms of problem expansion，Ecological protection、Optimization of business environment、Residence right、Epidemic prevention and control and other issues have spawned a large number of innovative results。From the theoretical goals of research，Guided by promoting the implementation of the Civil Code，also shifted from legislative theory to the level of judicial applications，Especially applicable medium and constitution、Administrative Law、Criminal Law、Economic Law and other legal departments of the relationship between connection，It has spawned a large number of research results。

　　3. The construction of the "three major systems" of the law.3. The construction of the "three major systems" of the law.，The general traits of existing laws and laws，More Chinese characteristics，This is derived from the generality of problems facing human rule of law，China's unique "Constitution" and the unique prescribed road of the development of the rule of law in China。Correspondingly，The "three major systems" of Chinese law also undergone major changes。In the early stage of reform and opening up，Based on specific historical reasons and urgent legislation, a large number of Western law and legal systems need to be introduced，Many legal traditions in the law of law。With the deepening of the practice of the rule of law in my country，The imitation background color is quickly fading，The autonomy and consciousness of the comprehensive reconstruction of the "three major systems" of Chinese law is further prominent。

In terms of the construction of the law system，Both the general jurisprudence and the department of law and science are continuing to deepen。Jurisprudence is committed to constructing Chinese characteristics of Fa Confucian Building，The phenomenon of overcoming "there is no law", "there is no countermeasures"，Continue to promote the "Legal China Action Plan"，Fu ZitangInterpretation of the ideal picture of Chinese law and legal science,Hu YuhongThe legal statement of the tide of reform in the late Qing Dynasty, tracing the roots,Chen JinzhaoArticles such as judicial use of legal methods，Plant the basic theory of general law of law or departmental law。At the same time，The legal community actively pays attention to the possible impact of a new round of scientific and technological revolution on legal practice，and use it as the research proposition of general jurisprudence and departmental law，Ma Changshan, Shen satellite, Li Yanand other artificial intelligence around the law、Artificial Intelligence and Facts Identification、Legal Data、Equalology、A large number of theoretical articles were published in themes and other themes。In the construction of a legal academic system，Summary and reflect on the efforts of the academic propositions of laws in many fields。Huang WenyiMethodism of Chinese legal research in the new era,Chen BaifengThe space constraints and mechanisms of the enforcement of rural grassroots law enforcement,钭 小Analysis of the transformation of environmental law research in the new era，All have positive significance。In terms of the construction of a law system，Zhang JihengPoint out，The entire field of Chinese law, including economic law, accounts for the mainstream and position，It is still derived from the western "use of real law as the scope of the law of law" and the way to learn from the law and teachings of the law and the life of the "life lies in experience".。According to the author, the author thinks，As far as the theoretical system and the system are still mature, my country's economic law，Research on the discourse system of western law, if it is copied or using the Western law system，It will inevitably weaken or even damage its subject status and academic image，Lost the vitality of self -continuous development。This kind of academic reflection that gradually gets out of Western law and discourse is significant。

　4. The awareness of reflection of legal methodology has increased significantly.In traditional law research，Science and non -science、Dharma theoretical science and law application science、Jurisprudence (Philosophy) and Law Experience Science、Logical analysis and experience facts、Law (the doctrine of the law) and society (Sociology) and other dual thinking，and historical thinking、Comparison of thinking、Legal explanation thinking，is the basic methodology of legal research。The application of legal methodology in 2020 shows some new features。One，Learning to the doctrine of law、Law Sociology and Comparative Research conducted a strong analysis。Lei LeiReflection of the dispute between the doctrine of the law and the law,Zheng GeRehabilitation of the social science attributes of law,Song HualinReview of the comparative research method，These articles based on reflection of research methodology，Paranoid phenomenon in correctional law research，It has positive significance。Its two，Empirical research methods are further promoted and used。Wu YuhaoQuantitative research on confession and punishment from a wide tailoring model,Chen TianhaoEmpirical analysis of the implementation of the implementation of procuratorial administrative public interest based on the double difference method，Make the empirical method more refined。Its three，Question -oriented interdisciplinary research is even more prominent。Liu YanhongInterpretation of physical criminal law and human civil law,Chen ShaoqingAnalysis of the cross -wrong issue of punishment and people，Effective and effective effects of the problem of the problem into the legal research process。Four，The phenomenon of drawing resources in the theoretical and practical circles is prominent。The theory of legal doctrine as a communication theoretical and practical world tools and bridges is valued，Peng ZhongliInterpretation,Liang JinfengInterpretation of the basic principles and rules of the theory of referee documents，strongly explained the practical value of legal theory and its implementation method。

　　3, new development of departmental law

Constitution.Constitutional Studies in 2020，Focus on constitutional review、Constitution Principles、Basic category of the Constitution、Hong Kong Basic Law 30 years、Civil Code and Constitution、Epidemic and Constitution、issues such as technology and constitution。Han Da YuanThink，The Hong Kong Basic Law promulgated for 30 years，I experienced the ups and downs during the implementation process，Although facing some disputes，But the Basic Law always upholds civilization、Peace、The spirit of openness and tolerance，It is the fundamental guarantee for the "one country, two systems" to travel.，It is also a magic weapon for us to overcome various difficulties。The important role played by the Basic Law in the practice of "one country, two systems" is obvious to all。Mo JihongThink，In the system to confirm and persist in the principle of legislation in accordance with the constitutional legislation，System shortcomings that help eliminate resistance but constitutional review，Provide the theoretical solution for the constitutional review。The reasons for the effective start of the constitutional review work，It is the "strong legitimacy review" in the legislative supervision system and the value dislocation between the value between the "weakness and constitutional review"，The principle of constitutional legislative principles should be used as the basic guidelines for legislation of the highest state legislature。

　Administrative Law.Administrative Law Research focuses on the revision of the administrative penalty law、Code of administrative law、Construction of the Government of rule of law、Administrative Law and other issues in the prevention and control of the epidemic。Jiang Ming'anProposal，Should focus on creating one of the most effective ability to play administrative punishment，A good law of administrative penalties for the legitimate rights and interests of administrative relative people。Xue GanglingThink，Administrative Law Code involved the scope of adjustment of the administrative law codes、The structural framework and overall guarantee of administrative law，Research on basic theory needs to be strengthened to establish a system framework for establishing administrative law，It is also necessary to establish a reasonable category path and mode，The systemic development of the system of promoting politics and law。Shi YouqiThink，To ensure the effective implementation of the Civil Code as an important starting point, promote the construction of the rule of law government，Promote government governance into the orbit of good law and good governance，Promote the strict regulations of the government、Practice law enforcement，Comprehensively improve the government's governance capabilities and levels。Guan BaoyingThink，Epidemic prevention and control，Governments from all over my country have formulated administrative standardized documents to regulate related issues，But in view of the lack of upper law、Conflict of the administrative normative documents and other reasons，It is necessary to review the administrative standardized documents during the epidemic response period。

　Economic Law.In 2020, economic law focuses on the revision of the Anti -Monopoly Law、Systemic financial risk prevention and control、Legal regulation of the digital economy、Foreign capital use、Basic theory of Economic Law。Zhang ShouwenThink，Anti -monopoly method perfection is a continuous process，Need to be located、Three dimensions of orientation and rules，Clarify its high and low、Questions of size and strictness。In terms of positioning，To handle up and down、Left and right、Three types of relationships before and after，The main consequences of solving the antitrust law and the relevant department law、Coordination and consistency; in terms of orientation，The adjustment goals of the anti -monopoly method should be clear、Adjustment range、Basic principles and overall trends; in terms of rules，"Determine the rules" in legislation，and strive to form a "good rule"，It is necessary to improve the "certainty of rules" at the level of the rule of law，Grasp the width of the antitrust method。Sun JinThink，Self -examination is the core mechanism of the fair competition review system，But the lack of subject knowledge reserves in the review、Insufficient inspiration、Social trust is worrying，Therefore, there is a hidden danger of "empirical" tendency，As a result of the "substantial role" of the system, the big discount and the system is difficult to comprehensively "activation"。Combined with a third -party assessment and constructing a fair review mechanism that fits the self -examination mechanism，It will help my country to create a sound market competition evaluation environment。Song YahuiThink，The concept of "profit" is a main line that runs through Chinese legal person law，The private law structure that advocates Chinese legal person shall properly handle the relationship between community control in public law，Gradually relax the improper restrictions on profit -making legal persons，There are step -by -steps to promote the decourse of the legal person's organization and behavior method，Release the rights capabilities of profit -making legal persons to participate in the public welfare cause。

　　Criminal Law.2020 Criminal Law Focus on "Criminal Law Amendment (11)"、Criminal compliance and unit crime、Criminal Law response to epidemic prevention and control、Criminal law in modern technology risk、Personal information crime、Spells such as triad organization crimes。"Amendment to the Criminal Law (11)" New Articles 13 Articles，Modify 34 Articles，Mainly focusing on financial security、Intellectual property protection、Public Health Safety、Safety production、Food and Drug Safety、Protection of corporate property rights、Hot issues such as the age of criminal responsibility for criminal responsibility for minors，Form a large number of research results。Zhang MingkaiResearch on the principle of adding new sins on the "Criminal Law Amendment (11) (Draft)"，Must be implemented when adding new sins、Types、Clear、Coordination Principles，and make suggestions on the modification of some specific methods。Chen XingliangStudy on the behavioral characteristics of the triad organization，It is believed that in the doctrine of criminal law，The Organization of the offender、Leaders、The crime of participating in the underworld organization and implementing other specific criminal acts，Is the number of crimes and punishment in violation of the prohibition of repeated evaluation principles and in -depth discussions。Based on the understanding of repeated evaluations，Different content of the two evaluations，No question that violates repeated evaluations。It is recommended to follow my country's criminal legislation and judicial practice，Based on specific cases, the behavioral characteristics of the underworld organization are determined。Yan'anThink，From maintaining a market economy、Policies to protect the interests of the enterprise，Construct a system that is not prosecuted in the criminal legal system in the criminal legal system，Is a necessary、Positive institutional selection。Building this system should adhere to the "integration of rule of law" design concept，organically combine the criminal legal system with the corporate corporate system，Then better give play to the role of procuratorial organs to protect the healthy development of the market economy。

　Three major litigation laws.2020 Criminal Procedure Law Focus on Confinement and Penalty System、Topics such as strengthening judicial protection of the private economy with corporate compliance。Zhu XiaoqingThink，Crime confession and punishment are essentially alienated to alienate criminal legitimate procedures，Should adhere to the basic spirit and main principles of criminal legitimate procedures、System。Hu YuntengThink，Basic principles and systems in the criminal law will be tightly related to admitting and confession and penalties，You must pay attention to the two。Chen WeidongThink，Crime confession and punishment is a comprehensive legal system that integrates entity norms and procedure specifications，Its core rules are a procedure of control and defense。Chen RuihuaThink，Implementation of the system without compliance，It means a cooperative judicial model with compliance incentives as the core.。2020 civil litigation law scholars in response to the promulgation of the Civil Code、New civil evidence regulations are introduced，Actively expand the field of research。Zhang WeipingProposal，Civil Procedure Law needs to take the "Civil Code" as an opportunity，Improve the system that passes the complaint、The ban system、Evidence System、execution system, etc.，Realize the coordination and docking with the Civil Anthology Law。Zhang HaiyanThink，The content of the system that gives supplements to supplementary responsibilities must be implemented by specific judicial procedures，But there are many difficulties in the implementation procedure of supplementary responsibility in practice，The systematic implementation mechanism that constructs a systematic program implementation mechanism that meets the essence of responsibility under the perspective of the explanation theory。Zhou CuiThink，For civil illegal evidence，Judges shall protect the protection purpose of the legal norms of different levels and the value of the rights that violates the violations of evidence，Different cases take different review benchmarks and density。2020 administrative litigation law.、Administrative Agreement and other discussions。Yang JianshunProposal to expand the scope and path of procuratorial administrative public interest litigation.Sun YouhaiProposal，Outside the procuratorial administrative public interest litigation，It can be used to use administrative public interest litigation procuratorial suggestions to urge correction of government illegal acts。Yu LingyunThink，The contract form of the interface between the public law and the private law is obviously mixed with the relationship between public law and the relationship between private law，It is not advisable to interpret the sense of public law，The concept of "hybrid contract" on administrative contract should be introduced。

　　International Law.Facing the raging of globalization and global epidemic，2020 international law countermeasure research，Mainly pay attention to out -of -domain law of domestic law、International Intellectual Property Protection、International Investment、Global anti -epidemic issues。Xiao YongpingI think，Only a few laws in our country have clearly stipulated the exterior effect，Even only stipulates that it only has the effectiveness of the domain，The judicial practice of my country's courts also has a bias、The censorship is not strict、Different standards。The application system of China Dharma is far from forming。It should be from legislation、Law Enforcement、Justice、The four dimensions of the law abide by the four dimensions gradually advance，can we improve the establishment of an application system outside the Chinese government。Han YonghongThink，my country should start from two aspects of defense system and aggressive system，Promote the practical response and institutional construction applicable to the country outside my country。Zhang NaigenThink，In the United States，Wanting trample on WTO multilateralism rules，Try to promote the occasion of the non -multilateral economic and trade agreement including the China -US Economic and Trade Agreement，A new rules of intellectual property rights under non -multilateral economic and trade agreement should be studied，In the process of building an intellectual property power,，Promote the community of human destiny that builds an international protection of intellectual property。Han LongThink，The new regulations of the exchange rate anti -subsidy implemented in April 2020 in the United States are contrary to the free exchange rate system stipulated in the IMF Agreement，It will seriously infringe on other countries' currency sovereignty，Distermine with the WTO method。For the United States' approach，The internationalization of the RMB is a good strategy to respond to the anti -subsidy of the US exchange rate。Before the internationalization of the RMB，Adopting foreign currency other than US dollars for payment and settlement，It can also avoid the impact of the new regulations of the US exchange rate counter -subsidy。Xu QingkunThink，In view of the Supreme People's Court positioning the "Belt and Road" construction judicial focus on "there is a large contrast between" the image of the rule of law and civilization pursuing the current foreign judicial level pursuing the current level of civil jurisdiction in my country "，It is recommended to build a foreign -related tourist court system that is compatible with the concentrated jurisdiction system。For the epidemic in 2020, some countries sue for claims in domestic courts or ask international organizations to investigate，Express the international legal responsibility of China or the World Health Organization，Gao ZhihuaThink，The epidemic of new crown pneumonia is a global emergencies，It is not attributed to the country、International Organization，Due to the new crown pneumonia's epidemic, international legal liability has no current international legal foundation，There is no international precedent。

　　Legal history.History of Law in 2020，Focus on the integration of traditional law resources in the compilation of the Civil Code、Chinese traditional governance、The systemicization of traditional law、Topics such as legal history。Inheritance of traditional law resources based on the Civil Code，Case guidance system for how to build realistic justice，Zhang ShengThink，In ancient China, "the law is the text，Example of Note "with both stability and flexibility。Modern China In the process of transplanted the national civil law system of the Mainland Law Department，Established a simple civil law system with a minimalist civil law and jurisprudence。Zhang ShengProposal，Civil guiding cases in my country shall become a culture，Compiled with the Civil Code;，Improve the "Civil Code as the Outline，Guiding Cases as the Civil Law System。Wushuchen, Wu JianminThink，Based on the early Chinese social practice, a variety of theoretical forms of governance mode，，Gradually generated a "dialectical unity" governance mode。The traditional governance mode contains the value concept of "protecting the people"、Avenue of the Avenue of "Inaction"、Diversified governance methods and "human law and weight" and other beneficial governance resources，All can achieve their historical value in modern conversion。Ma XiaohongIn response to the question of "No Civil Law in China"，Through inspections of the legal history of our country，Ancient Chinese "Citizen Relationships" or "Property Relationships and Personal Relationships" are mainly manifested as family members and relationships between neighborhoods，and adjust the norms of this relationship are mostly called "ritual"，shows the wisdom of "civil law" in ancient Chinese society。Huang YuanshengBased on the "Draft of the Qing Dynasty · Criminal Law" as the basis，Examiner's changes and constant changes in the basic principles of criminal legal system from the Qing Dynasty to the "Republic of China" in the late Qing Dynasty，Summarize the three characteristics of changes in ancient and modern criminal law: compiled from the combination of standards and laws to the criminal scriptures and jurisprudence、From the tradition of ritual and law to the protection of legal benefits、Comprehensive torture system from retribution torture theory to destination theory。

　Four, reflection and prospect

Comprehensive torture system from retribution torture theory to destination theory，China Law Studies in 2020 also have places to improve。

　　1. Basic theoretical research of traditional law needs to be deepened.Future，How to China in the rule of law and law、Time、Under the modern standard，Construction of the theoretical system of socialist rule of law with deep legal support，It is the core proposition that Chinese legal research needs to face。In the background of the new era，Facing the major strategic goals of the country and "Let the people feel fair and just just in every judicial case，The adjustment of many social relations requires the rule of law to follow up in time，How to make some traditional basic theory of law to make an interpretation of new social relations，There is also a large interpretation and innovative space。If the public power and private rights generated by the two -point method of traditional public law and private law、Constitution adjustment of the national public power structure、Legal resolution of legal conflict、How to adhere to the principles of historicism in traditional legal resources，All are this。

　　2. The relationship between the main line of law and the "shortcomings" needs to be reconstructed.After more than 40 years of development in China，There are three main lines that cannot be ignored。One，The fundamental motivation to promote the development of Chinese law lies in the real needs of modernization of Chinese rule of law;，The law of the law itself is followed in general law and departmental law;，Based on international exchanges of law (translated、Published articles、Mutual Visit、Meeting、International Law Platform) Frequent and accumulated out -of -law law resources have strongly promoted the development of Chinese law。It is a clear contrast to these three main lines，Outstanding traditional legal culture in the Chinese Law Department is in the practice of modernization of the national governance system and governance capabilities，Creative transformation needs to be strengthened; the power of the perspective of knowledge and the power to show insufficiency is urgent to reflect; insufficient refinement of legal philosophy，A large number of research resource consumption is at the level of countermeasures，There are not many long -term research results;，Some research results show high homogeneity，Reflection and evaluation papers are less，This is consistent with the grand background that the legal system in my country needs to be improved at the beginning.。Under the background that the legal system has gradually complete，How to solve the shortcomings in the research under the main line of law，How to balance basic theoretical research and countermeasure research，Need to give more thinking。

　　3. The research of intra -party regulations is lagging behind.With the in -depth advancement of governing the country in accordance with the law，Regulations in the party generally approach our rule of law。but，Legal research on the research on the regulations of the party as a legal system specification，A general oath interpretation of both research and stay at the policy level，Legal analysis lack of heavy legal significance，Lack of deep theoretical research results，The theoretical innovation needs of the rule of law practice with the party's regulations are disconnected。

　4. Insufficient research on foreign rule of law.Looking back at legal research in 2020，Compared with domestic rule of law research，Study on the rule of law from foreign countries can far from meeting strong demand。Current，How to maintain an international order based on the United Nations as the core and international law，Strengthening the promotion of the rule of law of the "Belt and Road" and the construction of the community of human destiny，Corresponding to the problems of global challenges and other issues，Urgent need to strengthen more targeted research，Coordinating the promotion of domestic rule of law and foreign -related rule of law。

The task of the era is the theme and direction of law。2021，Chinese law needs to continue to deepen Xi Jinping's research research，Eleven "persistence" into real rule of law through the results of ideological penetration。Need to summarize the 100 -year historical experience of the Leading of the Communist Party of China，Summary from jurisdiction、summary、Refine。At the same time，How to understand the contribution of the rule of law in the sense of national governance，Reconstruction of the knowledge system of Chinese law under the field of modernization of China，Show the unique power of Chinese rule of law under comparative law，Open the application space of China Law in the construction of new international relations，Explain the unique charm of the Chinese Law Department under the principles of historicalism，Under the guidance of the new development pattern and the goal of high -quality development, open up the new Bureau of Economic Law Research，Deepen the new cognition of the new science and technology revolution brought by law，Rehabilitation in the background of the basic theory and basic category of law，All these are important directions that need attention。

(writing: Li Shumin)