Jurisprudence is the science of law. therefore law , Legal phenomenon And its regularity as the content of the study of science. As a mandatory norm of society, the direct purpose of law is to maintain Social order And through the construction and maintenance of order, to achieve Social justice . The core of jurisprudence, which takes law as its research object, is the study of order and justice.

In China, the legal thought originated from Spring and Autumn Warring States temporal legalists Philosophical thought, jurisprudence in China Pre-qin period It is called "the study of the name of punishment", from Han Dynasty There began to be the name "law". In the West, Ancient Rome jurist Urbian Ulpianus defined the word Jurisprudentia (ancient Latin Jurisprudentia) as the concept of the affairs of man and God, justice And the study of injustice.

截至2020年，中国大陆拥有法学一级博士点授予权的院校为52所，是国内法学人才培养的教育高地。

Chinese name: jurisprudence
Foreign name: LAW

definition: Concepts of human and divine affairs, studies of justice and injustice
alias: jurisprudence , Legal science
Number of first-class doctoral programs: fifty-two

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Noun source

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The Latin word Jurisprudentia is from the end of the third century BC Roman Republic The term refers to systematic and organized legal knowledge and legal scholarship. Ancient Roman jurists once gave a classic definition of "jurisprudence" : "Jurisprudence is the knowledge of divine and human things; It's the science of justice and injustice." German language On the basis of Jurisprudentia, Spanish languages, such as French, English and Spanish, have developed their own words referring to "jurisprudentia", and their contents are constantly enriched with increasingly profound meanings.

The Chinese word "jurisprudence" in the modern sense was first used by Japan Enter. Japanese jurists Sando Tsuda In 1868, it was first used to translate the English Jurisprudence, Science of Law, and German Rechtswissenschaft and explained in detail. Hundred Days' Reform It was introduced into China before and after the movement.

Brief history of development

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History of Chinese legal system

In China, jurisprudence originated Spring and Autumn Period and Warring States Period . At that time, it was an extremely glorious period in the history of ancient Chinese culture, with the rise of various schools one after another. A hundred schools of thought contend . Law is one of the issues debated by various families (mainly Confucianism, ink, Taoism and law four, especially Confucianism and law two). The legal thoughts of legalists in this period had a profound influence on later thinkers in China. Spring and Autumn Period Ancient Chinese law has been derived from Common law to Written law From secret law to open law development. embryo Written punishment It was the first time in Chinese history that a written law was published. to Warring States period Wei came to power Li Kui On the basis of the laws of each vassal state, he formulated the first complete law code of feudal society in Chinese history. Dharma classics ". Although this Dharma Sutra has long been lost, it is included in some historical works. The Dharma Sutra was created Chinese law system The unique legislative precedent established the basic system of China's feudal social code, and later "Qin Law" and "Qin Law" enneagram "," Cao Wei's Law "," Taishi law "," Open emperor law "," Tang Lu Shuyi All the styles of "Fa Jing" are developed on the basis of "Fa Jing". The legal thought of the Warring States period was mainly composed of Shang Yang , Han Fei It was put forward by legalists represented by others. In contrast to Confucianism, they emphasized the law and its coercive role, and despised the sage or moral influence role, that is, advocated the "rule of law". Legalists also put forward many valuable legal thoughts, such as law as a kind of balance, rules, standards, to provide an objective criterion for judging right and wrong; Law should change with The Times; Laws shall be enacted by the State; The law should be open and applied equally; Should strictly abide by the law, law and reward and punishment inseparable, and so on. At that time, the "rule of law" advocated by legalists was to strengthen Absolute monarchy It is based on severe punishment and is different from the Western rule of law that is anti-authoritarian and anti-torture in the 17th and 18th centuries.

In 221 BC, First Emperor of Qin Established the first unified in Chinese history centralization The feudal monarchy adopted another representative figure of legalism Li Si The proposal to order a ban on Confucian scholars The past is not the present "Private learning replaces law, but" law as teaching "and" officials as teachers. Legalist thought To legislate.

Emperor Wudi adopted Confucianism Dong Zhongshu Of the proposition," Dethrone all schools of thought and honor Confucianism alone ". Since then, in the field of thought, Confucianism was regarded as orthodox, and Confucian legal thought monopolized the field of law for 2000 years. The traditional legal thought in Chinese history is usually referred to as the Confucian legal thought in the past 2000 years. In fact, it was the promotion of political and ideological despotism, which resulted in the decline of jurisprudence in China.

In the interim, follow A hundred schools of thought contend On the other hand, according to Confucianism, the law of writing and logical interpretation of written laws issued in the name of absolute monarchs, which is commonly referred to as annotated jurisprudence. Ma Rong, Zheng Xuan and other Confucian classics masters of the Eastern Han Dynasty have been on the subject Han Law Make a comment on a chapter. Jin Dynasty Zhang Fei and Du Yu also annotated the Han law. After the Eastern Jin Dynasty, private annotations were gradually replaced by official annotations.

Ministers of Tang Dynasty The eldest grandson never Ji In 652 AD, they were ordered to write the book Tang Lu Shuyi The book gives an authoritative explanation of the Tang Law, which has the same legal effect as the Tang Law. This is the first fully preserved legal document in Chinese history. It takes "virtue as the principal principle and punishment as the auxiliary" of Confucianism as the leading thought. "Tang Law" and "Shuyi" collected the great achievements of law from Warring States to Sui, and became the model of law in Song, Yuan, Ming and Qing dynasties after Tang. "Tang Law" also had a great influence on the laws of Japan, Korea, Vietnam and other countries close to China at that time. Therefore, in the legal works at home and abroad, the Chinese feudal laws represented by the Tang law and the laws made by other countries after the Tang law are usually called the Chinese legal system or the Chinese legal system.

From The Three Kingdoms Emperor Ming of Wei Since then, the office of Doctor of Law has been set up, specializing in teaching law. This bureaucratic system continued until Song Dynasty It was not abolished until the Yuan Dynasty. Late Qing Dynasty jurist Shen Jiaben When summarizing the development of jurisprudence in Chinese history, it was thought that jurisprudence had been declining in Yuan, Ming and Qing dynasties. The 1740 edition of Statutes of the Qing Dynasty It was the last law in Chinese feudal society.

Opium Wars After that, Chinese society gradually transformed into Semi-colonial and semi-feudal society The judicial system and the field of legal thought have also undergone corresponding changes. Kang Youwei The Book of Datong, about Sun Yat-sen The three People's Principles And the idea of the five-power Constitution, Yan Fu Many of the Western classics translated include the popular legal ideas of the 18th and 19th centuries in the West, including democracy, liberalism, sociology, and social science. Theory of Evolution The content of...

If Yan Fu and others mainly spread Western jurisprudence in China, then government officials represented by Shen Jiaben mainly spread Western legal systems, especially based on Jus romanum The idea of the legal system of the civil law system. Shen Jiaben As Minister of Law Revision, he presided over the first reform of traditional Chinese law in Chinese history, modeled on the Western model. He sent government officials and students abroad to study and study Western laws, hired Japanese jurists to revise laws and give lectures in China, and founded the first modern law school in 1906. The organization translated a large number of foreign laws.

In 1911 Xinhai Revolution Later, before the founding of the People's Republic of China in 1949, various western legal ideas continued to be introduced into China.

Foreign legal history

Human history has accumulated rich and colorful legal culture. In addition to China, there are Ancient Egypt The legal culture of countries and regions near the ancient Mesopotamia, ancient India, medieval Islamic countries, Japan and Russia. The content of jurisprudence is very extensive, usually refers to the ancient Greece, the Roman slavery society, the feudal society of Western Europe and the modern western jurisprudence or legal thought.

In Ancient Greece represented by Athens city-state Although there were not many written laws and there were no professional jurists, many fundamental questions about law were discussed in the works of philosophy, politics, ethics, literature and so on. Such as whether the law is given by God or by man; Is law based on power or nature, justice or reason ; Whether it is the rule of law or the rule of one man, and the relationship between law and democracy, freedom and equality; The relationship between law and the state, natural law and positive law, etc. These thoughts have always had an influence on later western jurisprudence.

Unlike ancient Greece, Roman law (mainly private law) and jurisprudence were highly developed. In Western history, it is in Roman Empire In the early period, the group of professional jurists was formed for the first time, the legal education and legal schools appeared for the first time, and legal works appeared for the first time. One of the five Roman jurists Gaius The Ladder of Jurisprudence is one of the earliest and fully preserved western legal works.

In the Middle Ages of Europe, because the Catholic Church occupied a great power in politics and economy, church theology occupied a monopoly position in the field of thought, and law, philosophy and politics became the vassal of theology. By the middle and late Middle Ages, there appeared a kind of jurisprudence centered on the restoration and study of Roman law, that is, the Italian exegesis school of Jurisprudence, which appeared successively from the 12th to the 16th century. Critical school of law And French humanism The School of Law. These three Schools of law Although they have their own characteristics and are opposed to each other, through them, Roman law has been widely disseminated in the European continent, thus creating favorable conditions for the formation of a unified law based on Roman law in the European continent. Unlike in continental Europe, medieval law in England was mainly common law. This situation shows later Western world The origin of the two legal systems: civil law (also known as civil law) developed on the basis of Roman law, while common law (also known as Common law system It was developed on the basis of English common law.

The most popular legal ideas of the 17th and 18th centuries were Classical school of natural law The main representatives are H. Grotius of the Netherlands, T. Hobbs and J. Locke of England, and C.L.S. of France. Montesquieu and J.-J. Rousseau Et al. Although there are many differences in their doctrines and political programs, in general, they are the ideas of fighting oppression and striving for national independence, and they are the principles of the Declaration of Independence and the Declaration of Independence. Declaration of the Rights of man And the theoretical basis of democracy and the legal system. This school of thought greatly raised the status of law in society and advocated a series of new ones Legal principle He created new legal disciplines such as constitution and international law, which dealt a heavy blow to theology and freed political science and law from the bondage of theology. typical Capitalist society codex Napoleonic code It was formulated on the basis of this school of thought. The classical school of natural law played a great role in historical progress, but it could not exceed the limits given to it by The Times.

The French Civil Code, also known as the Napoleonic Code

In the 19th century, Classical school of natural law The historical school of law, the analytical school and the philosophical school of German classical philosophers were replaced by the historical school of law. In continental Europe, extensive codification activities were carried out, with the rise of comparative and administrative law. With Britain and some continental European countries engaged in colonial expansion, the influence of the common law system and the civil law system extended to other parts of the world, and the two major western legal systems finally established their status in the world.

In the 20th century, a major problem in western law and jurisprudence is the socialization of law, which emphasizes that law should not only protect individual rights, but also protect social interests. After the Second World War, due to the new scientific and technological revolution, the economic function of the state has been greatly enhanced, the economy has been greatly developed, and the government has adopted more reforms, concessions and measures welfarism Policy. Under these conditions, generally speaking, democracy and the rule of law have developed to varying degrees. They are mainly reflected in the following aspects:

(1) Germany, Italy and Japan adopted new constitutions after the war, establishing democracy and the legal system; Human and civil rights have been expanded, and constitutional and legal oversight has been further strengthened.

(2) The focus of legislation has changed from private law to public law, and new public law, private law with public law, and mixed public-private law have emerged in large numbers.

The guiding ideology of legislation has changed from the rationalism and conceptualism of the 17th to the 19th century to realism, pluralism of interests and eclecticism, emphasizing the important role of law while acknowledging the limitations of this role.

In legal form, although a number of important codes have been formulated and amended, they are generally adopted Single-line method The form of special law.

⑤ pairs Judicial organization Reform of the law and procedures to strengthen the right of judges to interpret the law and form a de facto "law created by judges."

The two legal systems have gradually moved closer together, and international legislation has increased. But at the same time, there are still a lot of violations of the rule of law.

In the field of law, there are more schools of thought, New natural law (or similar axiological law), New analysis positivism The three schools of law and sociology of law are close to each other. lawlessness Ideological trend The influence on jurisprudence has been growing Economic analytical jurisprudence New schools of law such as critical jurisprudence.

Legal science

Before the 1840s, the field of law was almost always monopolized by thinkers and jurists. They have provided a great deal of historical material for jurisprudence, and some of them are elaborating law Some aspects of the law have put forward scientific views, and some legal thoughts have also played a role in historical progress. They scientifically elucidated the nature of law and the law of its development.

The legal ideas contained in the three components constitute jurisprudence. Its appearance has brought fundamental changes to the field of law. It represents the interests of the people and other citizens, scientifically clarifies the nature and development laws of law, and makes jurisprudence a real science.

Principles of jurisprudence

In the past, jurisprudence was mainly based and denied factor The final decisive role of law. Law is mastery Member of the state power society The embodiment of the will, and the content of this will is ultimately determined by the conditions of the power structure of the members of this society. Of course, factors other than law and sociology also interact. But ultimately it is the will of the members of society that determines it.

The former jurisprudence also affirming the inheritance of law was founded and developed while critically inheriting the excellent legal cultural heritage in human history.

Previous jurists believed that law existed forever. And of course there are rules of conduct that have some kind of enforcement.

The main contributions of jurists to jurisprudence are:

In elucidating the study of law, they also explained the nature and development of law.

They analyze the legal system in examining and studying the emergence and development of society and its practice.

Lenin His major contributions to jurisprudence are:

In leading the revolutionary struggle, especially against the Russian liberal class, the Mensheviks, Second internationalism In the course of the struggle between the people and other activists, it was revealed Tsarist Russia And the legal systems of other countries, particularly those associated with representative democracy Legal system The essence of.

② He was leading the October Socialist Revolution and creating it Soviet power The process began to be raised about Socialist legal system The theory of...

The development of jurisprudence in contemporary China

On the Eve of the founding of the People's Republic of China in 1949, the Central Committee of the Communist Party of China issued a document on the abolition of the Kuomintang Government. Six laws But in a long period of time, the development of this jurisprudence has experienced a tortuous process. After the Third Plenary Session of the 11th CPC Central Committee in December 1978, Chinese jurisprudence On building a theory of socialism with Chinese characteristics and The party's basic line Under the guidance of becoming for modernization, for democracy Jurisprudence, which serves the construction of the legal system, has developed jurisprudence under contemporary Chinese conditions.

The development of contemporary Chinese jurisprudence can be analyzed from two aspects. One aspect is the development reflected in important national documents or important statements by leaders on the rule of law.

First of all, the legal system has been raised to an unprecedented height, providing the most favorable conditions for the development of jurisprudence. The Third Plenary Session of the 11th Central Committee of the Communist Party of China summed up the positive and negative experience of China since the founding of the People's Republic, and also studied The International Communist Movement "In order to safeguard democracy, it is necessary to strengthen the socialist legal system, institutionalize democracy and legalize it, so that this system and laws have stability, continuity and great authority, so that there are laws to be followed, laws must be followed, law enforcement must be strict, and violations of the law will be prosecuted." The 12th, 13th and 14th Congresses have all reaffirmed and developed the conclusion that democracy is the essential requirement and intrinsic attribute of society. Without democracy and the rule of law, there can be no society and no modernization of society. The Sixth Plenary Session of the Eleventh Central Committee The Resolution on Certain Historical Issues of the Party since the founding of the People's Republic of China also clarified that one of the important reasons for the Cultural Revolution was that democracy and the legal system were neglected, and in order to prevent the recurrence of similar tragedies, it was necessary to strengthen democracy and the legal system.

Secondly, the law and Macroeconomic regulation and control It also promoted the development of jurisprudence. In a highly focused program Economic system Under, the state on the economy Management means Relying mainly on mandatory plans and administrative directives, using direct control Operation mechanism . In this case, the legal role is limited. In the process of economic system reform and opening to the outside world, people have increasingly realized the great role of law in the economic field. The 1984 book Decision of the Central Committee of the Communist Party of China on economic restructuring "The reform of the economic system and the development of the national economy have made it necessary for more and more economic relations and norms of economic activities to be fixed in legal form." An important aspect of the reform of the economic structure is the shift from a primary reliance on administrative means to a primary reliance on administrative means Economic means Indirect means of control by legal means, supplemented by necessary administrative means. After the 14th National Congress set the goal of China's economic system as the establishment of a market economy system, the importance and urgency of law in economic life were strengthened, and the study of law was further carried out.

At the same time, the Chinese government has put forward the policy of comprehensive governance mainly based on China's experience, that is, under the leadership of the Chinese government, the political and legal organs, in coordination with other organs and organizations, mobilize all social forces and make full use of political, economic, legal, administrative, cultural, ideological and moral education and other means to prevent and combat crimes and reform criminals. Social practice in the past ten years has proved that this policy is completely correct. The theory of comprehensive management is an important contribution to law, especially to criminal law, criminology and other legal disciplines.

In addition, the concept of "one country, two systems" was put forward, that is, under the premise of one China, the main body of the country would adhere to the socialist system, and Hong Kong, Macao and Taiwan would remain the same Capitalist system It will remain unchanged in the long run, and the great cause of peaceful reunification of the motherland will be promoted in accordance with this principle. The realization of "one country, two systems" means the emergence of "one country number method". This will promote the diversification of contemporary Chinese law and jurisprudence and is a major contribution to the development of Marxist jurisprudence.

Another aspect of the development of Marxist jurisprudence in contemporary China is the contribution of Chinese legal professionals to Marxist jurisprudence. The main ones are:

① To conduct special research on a series of major legal theoretical issues, to write monographs, textbooks and papers, and compile legal reference books and hold academic research meetings. Research on major issues of the discipline has been carried out in various departmental jurisprudence as well as in international jurisprudence.

China University of Political Science and Law professors teach at the Politburo

(2) Improve and develop many legal disciplines that have a certain foundation (such as constitutional law, criminal law, Science of civil law , litigation law and International jurisprudence At the same time, it created many new disciplines that did not exist in China before, such as economic law, Administrative jurisprudence , Military law, Science and technology jurisprudence , Environmental jurisprudence Modern Western legal philosophy, legal sociology, comparative law, Legislative science And published relevant papers.

(3) Professional legal practitioners often participate in the drafting of the Constitution and other important laws, or put forward relevant legislative proposals, and many professional legal practitioners serve as part-time lawyers or participate in other practical legal work. All these activities contribute to the combination of law and practice.

④ Engaged in the work of law school teachers, training high-level legal professionals (university undergraduates, master's and doctoral students), to prepare a large number of various forms of legal textbooks.

(5) Introducing the new trends of foreign jurisprudence (including methodology) into China as a reference, to this end, we have translated many foreign legal literature, laws, regulations, legal reference books, etc., and conducted extensive international legal exchanges. A large number of students and teachers have gone abroad to study, further study, give lectures or attend international legal conferences, and many foreign jurists have come to China to give lectures and study.

One of the characteristics of social sciences such as law and economics, which is different from humanities such as literature, philosophy and history, is that law and economics are stronger than literature and history applicability . Therefore, the emphasis on legal theory Apply to the world The scholasticism, which does not turn into the esoteric, is good in general. Subjectively, Chinese jurists do not want their theories to be far from reality, but objectively, many of the propositions of jurists are too far from practice, which is still quite serious. This problem can not only be explained by the critical and ideal character of the jurists, but also by the connection with the legal education system in China and the background experience of the jurists.

From the perspective of the legal education system, according to the author's limited understanding, many western university law school deans, professors have served as government officials, judges, procurator They pass on their rich social experience and knowledge to their students. However, few of the deans and professors of Chinese law schools have experienced officials, judges, lawyers, and prosecutors. Most of them are from high school to university, and then stay in school to teach, this experience determines that they can not in-depth understanding of the reality, it is impossible to have a relatively rich social experience, to their theory close to the reality (not blindly, with the reality) is a bit of a bit of difficulty, to their position fair, fair opinion, it is not easy.

China's top prosecutor talks to a law professor (4 photos)

Take a look at the prominent jurists, most of them have served as officials, judges and other experience. According to the Research on Foreign Legal History edited by Professor He Qinhua ( China University of Political Science and Law According to the statistics made by the Press (2004 edition), there were four famous jurists in the Ancient Roman era: Gaius, Papinian In addition to Gaius, whose origins are not known, Papinian served as an ombudsman, president of the Imperial High Court, and Prefect of the Guards (equivalent to a deputy emperor). Ulbian served as a judge's assistant to the Imperial High Court, a member of the Imperial Council, and Governor of the Guards. Justinian was a member of the Eastern Roman Empire (aka The Byzantine Empire The famous emperor.

There are two jurists in modern France, Guias and Porttier. Although Guias has never been an official, he studied under the French resident of the President of the High Court of Paris Venice Ambassador Fleier and Porttier are here Orleans He worked as a junior court clerk for 50 years.

There are jurists in modern Germany Savigny , Yellin In addition to Yellin, Savini served as three Prussia A member of the Privy Council, judge of the Court of Appeal in Berlin, and counselor of the Supreme Court, he worked as a lawyer, probate judge, and military officer after graduating from university. The famous jurists in modern times include Kirk, Blackstone, Bentham, Austin All five had experience as officials or lawyers. Kirk had been a lawyer and chief judge of the Norwich City Court, City of London The Chief Justice of the Court, the Deputy Attorney General of the United Kingdom, the Speaker of the House of Commons, the Attorney General of the United Kingdom, the Chief Justice of the High Court of Civil Justice, the Chief Justice of the Court of Thrones, members of the Privy Council, etc. Blackstone has been a solicitor, university chancellor, bench judge, Member of Parliament, QC, Solicitor General, Judge of the High Court of Civil Law, etc. Bentham worked as a lawyer, although he is a very introverted person, but in order to closely link his theory with reality, he went out of the study, has drafted the constitution, civil law, criminal law and Parliamentary reform The point, give Tsar of Russia Make laws. Austin was an army officer, a lawyer, and was Grand justice Brauhan was appointed to the First Criminal Law Commission and served as a member of the Royal Commission on Criminal Law and Procedure.

The famous jurists in modern America include John Holmes, Cardozo , Pound Wait three. Holmes was a lawyer, served as Massachusetts Supreme Court justices and Chief Justices, Supreme Federal justices, etc. Cardozo worked as a lawyer and served as a justice of the New York State Supreme Court, a permanent judge and chief justice of the New York Court of Appeals, Federal Supreme Court The Chancellor, etc. Pound worked as a lawyer and served as an appellate commissioner of the Nebraska Superior Court and as a member of the State Supreme Court of Appeals, and as a member of the Chinese National Government judiciary Advisers and Ministry of Education Consultants, etc.

Economists have a similar story. He was awarded the first Nobel Prize in Economics in 1969 Jane Tinbergen He began his career as a young man and served in the Dutch central government for 15 years. Winner of the 1972 Nobel Prize in Economics Kenneth Arrow He served on the President's Council of Economic Advisers in 1962 and later became Kennedy Economic adviser to the president. Paul Samuelson, winner of the 1970 Nobel Prize in Economics, was hired by the U.S. Resource Planning Agency in 1941 and served in that position from 1945 United States Treasury Economic Advisor, 1953 in the United States budget Bureau, served as Kennedy and Johnson Chief economic adviser to both presidents. Winner of the 1971 Nobel Prize in Economics Simon Kuznets During World War II, he was appointed by the United States Government as Deputy Director of the Program Statistics Division of the Bureau of War Production in Washington. Joseph Stiglitz, winner of the 2001 Nobel Prize in economics, held the post Clinton Chairman of the President's Council of Economic Advisers.

Therefore, engaged in the application of strong Law major If scholars want to make their learning solid and valuable, they must have the courage to turn to official career and social practice, let their theories accept the test of national conditions, or get close to reality, or transform reality. As far as the government is concerned, it is also necessary to establish a system conducive to jurists' career and social practice, and promote the institutionalization of linking theory with practice. ^[1]

Research field

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The object of law is, first of all, law

Symbol of law (6 photos)

The term "law" here includes what is commonly referred to as law in all its senses.

From the perspective of the form of law, including the constitution, laws, regulations and other forms Written law (statute law) and Unwritten law (unwritten law, common law).

From the perspective of law system, including constitution , Administrative law , Civil and commercial law , Economic law , Procedural law , Law of society , Penal law , International law , Procedural law And all sorts of other things Sector approach ;

In terms of time, including Ancient law Modern law, modern law and contemporary law;

From the perspective of space, it includes national law, foreign law, local law and foreign law;

From a general classification point of view, including Domestic law And international law, Fundamental law and Common law , General law and Special law , Substantive law And procedural law;

From the perspective of expression form, including dynamic method and Static method , specific law and Abstract method , paper method and life method, ideal method (e.g Natural law The law of reality (i.e. the law actually in effect) and so on.

Jurisprudence can only be considered as true jurisprudence if it can study all these different meanings of law.

Jurisprudence also studies various "phenomena of law"

That is, various phenomena based on law, such as legislation, Enforce the law , justice, Abide by the law , Legal supervision ;

Origin of law Development, transplantation, inheritance, modernization;

Legal order , interests, justice ;

Rule of law concept, thought, system, fact, law and so on.

Jurisprudence also studies "questions related to law"

Law and the phenomena of law are not isolated, but exist and develop with other things, especially economy, politics, culture, etc Social phenomenon Have close ties. Studying these related problems can better study the main problems of jurisprudence.

Classification of legal system

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Legal system is the law of several countries and regions with a common legal tradition, it is a kind of transcending several countries and regions Legal phenomenon The general term for. There are three main legal systems in the contemporary world: Civil law system , Common law system , the former Soviet Union and Eastern European countries represented by the law Socialist law system . Other legal systems are Islamic law system , Indian law system, Chinese law system Jewish law, African law, etc. The biggest influence on capitalist law is the civil law system and the common law system.

Civil law system

Civil law system Also known as civil law system, Roman law system, Codex law system, Rome - Germany The legal system is the general name of the law developed on the basis of Roman law. The civil law system originated in Europe, with Roman law as the historical origin, civil law as the typical, and codified statute law as the main form. The civil law system consists of two branches, namely the French law system and the German law system. French law is based on the 1804 law French civil code Based on ", it emphasizes individual rights as the dominant idea, reflecting Liberal capitalism Social and economic characteristics of the period. German law is based on the 1896 law German civil code "Is established on the basis of the emphasis on state intervention and social interests Monopoly capitalism The typical period law. In addition to France and Germany, the countries and regions belonging to the civil law system also include Italy, Spain and other continental European countries. Spain Countries and regions colonized by the Netherlands and Portugal, such as Algeria , Ethiopia And other countries in Central America, during the Nationalist period Old China Also belongs to this legal system.

Common law system

Common law system , also known as the common law system, English law system It is a general term for the law developed in England since the Middle Ages, especially its common law. The common law system first originated in the 11th century Normans Common law in the form of precedents developed after the invasion of England. The scope of the common law system, with the exception of the United Kingdom (excluding Scotland) and the United States (excluding Louisiana), is mainly the former British colonies, Dependent state Countries and regions, such as India, Pakistan, Singapore, Myanmar, Canada (except Quebec), Australia, New Zealand, Malaysia, etc. Hong Kong also belongs to the common law system.

Origin: Common law originated in England. The term "Common Law" refers to the fact that, in contrast to the courts of the local nobility in the various regions, full-time judges appointed by the King of England travelled around to promote a relatively uniform national law. The practice began primarily under Henry II and was considered a major change in the old European judicial system. As the King's judges sought to implement a more uniform judicial scale across the country, they began to attach importance to the reference of past cases, and the British case reporting system gradually formed, and became an important basis for the later legal system.

The common law format and procedures are very strict, and due to procedural irregularities, cases have to accept seemingly unfair outcomes. England was followed by a different" Law of equity (Equity), which relaxed the requirements for form and procedure, but was accepted by a court system different from the common law. utilitarianism Founder of school Bentham Bentham argued that the common law was ill-designed and in need of reform, and was initially not accepted by English judges and lawyers, but the Justice Act of 1873-75 greatly simplified the organization of courts and judicial proceedings, formally merging the common law and equity systems, and ending the coexistence of the two systems. The combined laws were collectively known as common law, but some details retained the distinction between equity and the original common law, abolished the cumbersome writ system that had been used for many years, and modernized English law. This legal system with a large number of precedents is a spontaneous product of British society empiricism The results are therefore many specific Legal system In the eyes of people in the civil law system who pay attention to the logical conceptual system, the common law appears to be more complicated and unsystematic. The biggest feature of this legal system is that it takes public order and good customs and the broadest social public's fair cognition as the basis of judgment, so "form disperses but God does not disperse". Originally spread through the expansion of British (and later American) cultural influence, the map of today's common law system roughly coincides with the expansion of Anglo-American civilization in the 18th and 19th centuries.

except Common law system Outside the country, due to the influence of British and American countries in Western civilization and the characteristics of Anglo-American law itself, Anglo-American law has a wide influence in some fields in the world today, especially in international trade and maritime transportation. Often have International trade Although none of the parties involved are affiliated with the UK, they are named England The law binds the contract.

trait

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Historically, there have been four kinds of jurisprudence that serve the interests of different classes and reflect different ideologies: slaveholders, feudalists, bourgeoisie and proletariat. Laws are rules that regulate people's behavior. Legal act Research object Jurisprudence must have the characteristics of practicality, that is, it comes from Social practice And turned to serve social practice. Jurisprudence is the category of history and national conditions. Under different time and space conditions, jurisprudence is always printed with specific traces, and its connotation and extension, content and system are different. First, jurisprudence can exert direct and indirect influence on society. Second, the object, branch and method of jurisprudence are all real. Thirdly, jurisprudence comes into being in practice, and its development is also to guide practice.

branch

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Departmental jurisprudence

First-level discipline	Secondary subject
jurisprudence	jurisprudence
	Legal history
	Constitutional law and administrative law
	Economic jurisprudence
	Litigation law
	Civil and Commercial law
	Criminal jurisprudence
	Environmental and resource protection law
	International jurisprudence
	Military jurisprudence

Branch standard

The standard for the division of legal disciplines

1.1 Combination of objects and methods

1.2 Combination of categories and levels

1.3 Combination of reality and ideal

Research branch

I. Theoretical jurisprudence

That is, from the general aspect to explore Legal research The general term for the various basic concepts, basic principles, basic principles and basic laws of the legal branch discipline.

Note: Theoretical jurisprudence is not mainly the result of the division from the Angle of epistemology, but according to the research object and method of jurisprudence. Those subjects were more abstract, Research method The branch disciplines that emphasize theoretical analysis can be classified as theoretical jurisprudence, the main representative of which is jurisprudence. If a country Legal system There is no such major department as comprehensive law, such as legislation, sociology of law, hermeneutics of law, Comparative jurisprudence Etc can also be regarded as theoretical jurisprudence. The marginal disciplines of law that focus on theoretical research can also be classified as theoretical jurisprudence.

2. Applied jurisprudence

It is the general name of the branch of law which aims to directly serve the practical life of law and help solve the practical problems of law.

Note: Applied jurisprudence It is more practical than theoretical jurisprudence, it is the concretization of theoretical jurisprudence, and it is also the material source of theoretical jurisprudence. However, applied jurisprudence is not without theories, and the theories produced by it are not used to play the role of universal guidance across disciplines, but to solve the practical problems of the applied discipline. The representative disciplines of applied jurisprudence are various departmental jurisprudence, such as constitutional law, Civil and Commercial law Criminal law, procedural law, etc., related to the branch of legal practice, the branch of legal fringe disciplines that focus on solving practical problems can also be included in the applied law.

3. Historical jurisprudence

It is the general name of the branch of law that specializes in the study of law, the phenomenon of law and the historical problems in the problems related to law.

Note: Historical jurisprudence The reason why it is a special category in the legal system is mainly because it includes both theoretical content (that is, theory comes out of history) and applied content (that is, the past makes use of the present and brings forth the new). Historical jurisprudence mainly studies the legal systems and legal thoughts of different countries and different historical types in history, and studies the essence, content, form, characteristics and the laws of their emergence, development and extinction. It mainly includes the history of Chinese and foreign legal system, the history of Chinese and foreign legal thought, and the history of law.

4. Comprehensive Jurisprudence

It is the general name of the branch subject of law with considerable leap.

Note: Comprehensive jurisprudence has two remarkable features: First, its research objects span many or even various branches of jurisprudence; Second, theory, application and history are not focused on each other, but are compatible with each other. The general theory or introduction of law is a typical comprehensive law. It also includes legislation, sociology of law, hermeneutics of law, comparative law, International jurisprudence Let's wait.

Teaching subject

Jurisprudence can be divided into many sub-disciplines, mainly:

① Theoretical jurisprudence Also known as basic jurisprudence. Study the basic concepts, principles and laws of law. Chinese law schools offer courses for this subject called Basic theory of law (abbreviated as jurisprudence).

② Legal history . It can be divided into legal history and legal thought history.

③ Domestic jurisprudence . Refers to various departments of jurisprudence in a country, including constitutional jurisprudence, administrative jurisprudence, civil jurisprudence, economic jurisprudence, Labor jurisprudence , Environmental Law, Criminal Law, Litigation procedure Law and military law. Constitution is the fundamental law of a country, so in the domestic legal system, constitutional law plays a dominant role.

International jurisprudence . include International public law , private international law and International economic jurisprudence Let's wait.

⑤ Legislation . Study legislative principles, planning, Legislative system , legislative style, Legislative procedure And legislative techniques as well Compilation of laws And legislative evaluation.

⑥ Legal hermeneutics . The interpretation of the content and text of legal provisions is equivalent to the so-called annotated jurisprudence in Chinese and foreign history.

All landowners Sociology of law. It usually refers to the study of the social function, implementation and effect of law through social practical problems.

Comparative jurisprudence and foreign jurisprudence . Comparative law is the comparative study of the laws of different countries (or specific regions), including between the laws of that country and foreign laws, and between foreign laws. Therefore, comparative jurisprudence and foreign jurisprudence are closely related.

Some marginal disciplines between law and natural sciences, technical sciences or other social sciences . Such as science and technology law, Forensic medicine , Forensic expertise , judicial psychiatry, legal statistics, etc.

In each independent branch, it can be further divided into different levels of lower branches. In each branch, the jurisprudence of each country is always focused on the study of the law in force in that country.

Compulsory course

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Legislative Studies, Civil Law, Tort Law, Business Law, Tax Law, Judicial Practice, Property Law, Introduction to Modern Distance Learning, Degree English, English 2 (New), English 3 (new), English 4 (new), Evidence Law, Securities Law, Political Economy, Comparison of Chinese and Foreign judicial systems, etc.

Course category	Serial number	Course title	Credit hour	semester	Assessment method
Common basic course	1	Ideological and moral cultivation and legal basis	3	1	Compulsory course
	2	Introduction to MAO Zedong Thought and the theoretical system of socialism with Chinese characteristics	3	1	Compulsory course
	3	Outline of modern and contemporary Chinese history	4	1	Compulsory course
	4	Introduction to the basic principles of Marxism	4	2	Compulsory course
	5	Marxist political economy	3	2	Compulsory course
	6	Computer culture foundation	4	3	Examination course
	7	Fundamentals of Computer Application (Unified Examination)	5	3	Examination course
	8	College Chinese	5	4	Examination course
	9	College Chinese (Unified Examination)	4	5	Examination course
	10	College English	4	7	Examination course
	11	College English (Unified Test)	3	7	Examination course
Professional basic courses, some compulsory courses and electives	13	jurisprudence	3	1	Examination course
	14	Constitutional jurisprudence	4	2	Examination course
	15	Science of civil law	3	2	Examination course
	16	Criminal jurisprudence	4	3	Examination course
	17	Civil procedure law	5	3	Examination course
	18	Economic Law (New)	4	4	Examination course
	19	Criminal procedure law	4	4	Examination course
	20	Administrative and Administrative Procedure Law (New)	5	5	Examination course
	21	History of Chinese legal system	3	5	Examination course
	22	Tax Law (New)	5	5	Examination course
	23	Contract law	5	6	Examination course
	24	International law	4	6	Examination course
	25	Labor and Social Security Law	5	6	Examination course
	26	Environmental resources protection law	5	7	Examination course
	27	Corporate and Company Law (New)	6	7	Examination course
	28	Marriage and family law	4	8	Examination course
	29	Private international law	4	8	Examination course
	30	Intellectual property law	4	8	Examination course
	31	Legal document writing	4	9	Examination course
	32	International economic law	5	9	Examination course
	33	Law of insurance	4	9	Examination course
Practice link	38	Graduation thesis	8	10	Assessment course

Key subject

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First-level key discipline

Three universities with state-level key disciplines of law
Institution name	membership	type	location
Peking University	Higher education institutions directly under the Ministry of Education of the People's Republic of China	synthesis	Peking
Renmin University of China	Higher education institutions directly under the Ministry of Education of the People's Republic of China	synthesis	Peking
China University of Political Science and Law	Higher education institutions directly under the Ministry of Education of the People's Republic of China	Politics and law	Peking

Second-level key discipline

Universities with national second-level key disciplines of law (this does not include the 3 universities with national first-level key disciplines of law)

Subject category	Institution name	location
Legal theory	Jilin University	Changchun
Legal history	East China University of Political Science and Law	Shanghai
Constitutional law and administrative law	Zhejiang University	Hangzhou
Criminal jurisprudence	Jilin University	Changchun
Civil and Commercial law	Zhongnan University of Economics and Law	Wuhan (capital of Hubei Province)
Litigation law	Southwest University of Political Science and Law	Chongqing
Economic jurisprudence	Southwest University of Political Science and Law	Chongqing
Environmental and resource protection law	Wuhan University	Wuhan (capital of Hubei Province)
International jurisprudence	Wuhan University	Wuhan (capital of Hubei Province)
	Xiamen University	Xiamen (in Fujian Province)
	University of International Business and Economics	Peking

Discipline development

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Development history

First approved in 1981

In February 1981, the Academic Degrees Committee of The State Council conducted the evaluation of doctoral and master's programs for the first time. Peking University Law Theory, the Graduate School of Chinese Academy of Social Sciences Constitutional Law, and Peking University International Law have become the first three doctoral programs in law in China Chen Shouyi , Wang Tieya Institute of Law, Chinese Academy of Social Sciences Zhang Youyu Become the first batch of doctoral supervisors of law major in China. The first layout of 13 LLM units and disciplines, They are Peking University (6 in Law Theory, Law History, Constitutional Law and Administrative Law, Criminal Law, Economic Law, and International Law), Renmin University of China (7 in law Theory, Law History, Constitutional Law and Administrative Law, Criminal Law, Civil and Commercial Law, Litigation Law, and International Law), and China University of Political Science and Law (Law Theory, Law History, Criminal Law, Litigation Law, and International Law) 5 faculties), China Foreign Affairs University (International Law), Jilin University (Legal Theory, Constitutional Law and Administrative Law, Criminal Law, and International Law), Fudan University (Legal History), Shanghai Shipping University (International Law), Zhongnan University of Economics and Law (Legal Theory, Criminal Law), Southwest University of Political Science and Law (Legal Theory, Legal History, Criminal Law, Civil and Commercial Law, and Litigation Law 5 in total), East China University of Political Science and Law (2 in Legal History and International Law), Wuhan University (International Law), Graduate School of Chinese Academy of Social Sciences (6 in Legal Theory, Legal History, Constitutional Law and Administrative Law, Criminal Law, Civil and Commercial Law, and International Law), Shanghai Academy of Social Sciences (4 in Legal Theory, Constitutional Law and Administrative Law, Civil and Commercial Law, and International Law) ^[2]

Second approval in 1983-1984

In March 1983, the second batch of program evaluation was launched, and on December 5 of that year, the Academic Degrees Committee of The State Council approved the second batch of doctoral and master's degree-granting units, their subject specialties and the list of instructors, and on January 13, 1984, The State Council officially approved the release of the program list. China University of Political Science and Law Legal History, Renmin University of China Criminal Law, University of International Business and Economics International Law, Wuhan University International Law approved doctoral programs. Wuhan University became the first university outside Beijing to be approved as a doctoral program in law. The Master of Law program in this layout is: China University of Political Science and Law (Constitutional and Administrative Law, Civil and Commercial Law, Economic Law), University of International Business and Economics (International Law), Nankai University (International Law), Jilin University (Civil and Commercial Law), East China University of Political Science and Law (Constitutional and Administrative Law), Xiamen University (Civil and Commercial Law, International Law), Wuhan University (Constitutional and Administrative Law, Criminal Law, Civil and Commercial Law, Environmental and Resource Protection Law), Sun Yat-sen University (International Law), Northwest University of Political Science and Law (Criminal Law), Shanghai Academy of Social Sciences (Criminal Law). Among them, Nankai University, Xiamen University, Sun Yat-sen University, Northwest University of Political Science and Law are four new LLM training units. ^[2]

The third time was approved in 1985-1986

In November 1985, the third batch of academic sites was launched, and the review was completed in 1986. On July 28, 1986, the Study Committee of The State Council passed and approved the list of the third batch of academic sites and doctoral supervisors. Approved the Law Theory, Constitutional Law and Administrative Law, Civil and Commercial Law of Renmin University of China; Law Theory, Civil and Commercial Law, Graduate School of Chinese Academy of Social Sciences; Peking University, Legal History, Constitutional Law and Administrative Law; Jilin University; Criminal Law; Wuhan University of Criminal Law; China University of Political Science and Law, Litigation Law, International Law; Xiamen University International Law. There are 12 doctoral programs in the second-level disciplines of law. The Criminal Law program of Jilin University and the International Law program of Xiamen University became the second batch of approved doctoral programs in law outside Beijing. The layout of the LLM program is as follows: Nanjing University (Legal Theory), Wuhan University (Legal Theory, Legal History, Litigation Law, Economic Law), Northwest University of Political Science and Law (Legal Theory), Xi 'an Jiaotong University (Economic Law), Lanzhou University (Economic Law), Jilin University (Legal History, Economic Law), Sun Yat-sen University (Legal History), Yanbian University (Constitutional Law and Administrative Law), Zhongnan University of Economics and Law (Constitutional Law and Administrative Law), East China University of Political Science and Law (Criminal Law, Civil and Commercial Law), Sichuan University (Criminal Law), Peking University (Civil and Commercial Law, Litigation Law), Heilongjiang University (Civil and Commercial Law), Chinese Academy of Social Sciences (Litigation Law). ^[2]

The fourth time was approved in 1989-1990

The fourth examination and approval period began in March 1989 and ended in June 1990. In October of that year, the ninth Academic Degree Conference of The State Council approved four doctoral programs: Legal History of Renmin University of China, Constitutional Law and Administrative Law of Wuhan University, Criminal Law of Peking University, and Civil and Commercial Law of China University of Political Science and Law. ^[2]

The fifth approval was given in 1993

In December 1993, the 12th Academic Degree Conference of The State Council reviewed and approved Southwest University of Political Science and Law as a new doctoral degree granting unit, and litigation law became the first doctoral program obtained by the school; It approved the establishment of five new doctoral programs in Litigation Law and Economic Law at Renmin University of China, Economic Law at China University of Political Science and Law, Environmental and Resource Protection Law at Peking University, and International Law at the Graduate School of Chinese Academy of Social Sciences. Renmin University of China and China University of Political Science and Law have established the first batch of doctoral programs in economic law in China. Peking University has China's first environmental and resource protection law doctoral program. ^[2]

The sixth approval in 1995-1996

The sixth batch was deployed from April 1995 to the end of April 1996, and approved the addition of three doctoral programs: Civil and Commercial Law of Wuhan University, Economic Law of Peking University, and Economic Law of Southwest University of Political Science and Law, which is the smallest number of doctoral programs approved in the history. Since 1996, the Academic Degrees Committee of The State Council began to approve a small number of universities to exercise doctoral and master's degree authorization based on first-level disciplines, and gradually promoted the review of doctoral programs based on first-level disciplines. However, the discipline of law was evaluated for the first time in the ninth batch of authorization review in 2002-2003. ^[2]

The seventh approval in 1997-1998

The seventh evaluation was officially launched in September 1997 and ended in June 1998. The 16th Academic Degree Conference of The State Council approved Legal Theory of Jilin University, Constitutional Law and Administrative Law of Soochow University, Civil and Commercial Law of Southwest University of Political Science and Law, Economic Law of the Graduate School of Chinese Academy of Social Sciences, Environmental and Resource Protection Law of Wuhan University, International Law of Dalian Maritime University. East China University of Political Science and Law has 7 doctoral programs in International law. After obtaining the criminal law in 1986, Jilin University, after 13 years of struggle, finally obtained the second doctoral degree in law in this authorization review. East China University of Political Science and Law was approved as a doctor authorized unit. Soochow University, Dalian Maritime University and East China University of Political Science and Law have also become the newly added universities offering doctoral programs in law after Wu University, Ji University, Xiamen University and Southwest University of Political Science and Law. ^[2]

The eighth approval in 1999-2000

In May 1999, the 17th Academic Degrees Conference of the Academic Degrees Committee of The State Council initiated the eighth degree authorization review. In December 2000, the 18th meeting of the Academic Degrees Committee of The State Council deliberated and adopted the Eighth List of Disciplines and Specialties Authorized for doctoral and Master's degrees. Approved the establishment of 9 new doctoral programs in law: Law Theory of Nanjing Normal University, Law Theory of Shandong University, Law History of East China University of Political Science and Law, Constitutional Law and Administrative Law of Zhejiang University, Criminal Law of Southwest University of Political Science and Law, Civil and Commercial Law of Tsinghua University, Civil and Commercial Law of Zhongnan University of Economics and Law, Litigation Law of Sichuan University, and Economic Law of Nanjing University. ^[2]

This degree authorization review is the first time to officially carry out doctoral discipline review. Political Science of Peking University, Political Science and Sociology of Renmin University of China, Political Science of Fudan University, Political Science of Central China Normal University, Sociology of the Graduate School of the Chinese Academy of Social Sciences, Ethnic University of China and Ethnic Studies of Yunnan University have been approved as first-level doctoral programs.

The ninth approval in 2002-2003

The ninth degree authorization review was initiated at the end of 2002 according to the decision of the 19th Academic Degree meeting of The State Council, and the review work was completed in June 2003. After deliberation at the 20th Academic Degree Conference of The State Council in July 2003, The State Council approved the addition of six first-level doctoral programs in law in universities: Peking University, Renmin University of China, China University of Political Science and Law, Graduate School of Chinese Academy of Social Sciences, Wuhan University and Southwest University of Political Science and Law. This is the first time that China has set up a doctoral program in the first-level discipline of law in universities and scientific research institutions. At the same time, it approved the addition of Legal History, Constitutional Law and Administrative Law of Zhongnan University of Economics and Law, Criminal Law and Economic Law of East China University of Political Science and Law, Civil and Commercial Law of Jilin University, Civil and Commercial Law of Xiamen University, Litigation Law of the People's Public Security University of China, Litigation Law of Nanjing Normal University, Litigation Law of Xiangtan University, International Law of Fudan University, and Law of the People's Republic of China. College of Political Science, National Defense University of the Chinese People's Liberation Army Military Law 9 universities 11 second-level disciplines of law doctoral programs. It is worth noting that this review has set up a military doctor of law for the first time, which also means that the 97 edition of the subject professional catalog of the second-level subject of the Doctor of law has achieved full coverage. ^[2]

The tenth approval in 2005-2006

In January 2006, the Academic degree Conference of The State Council approved the addition of six first-level doctoral programs in law: Tsinghua University, Jilin University, East China University of Political Science and Law, Nanjing Normal University, Xiamen University and Zhongnan University of Economics and Law. Among them, the Law School of Tsinghua University organized the review work by itself in accordance with special authorization and successfully passed the review. Tsinghua University Law School, a doctoral program in civil and Commercial law approved in 2000, has jumped into the first-level discipline of law doctoral training platform. This time also approved the addition of 18 second-level doctoral programs in law in 17 universities, of which 6 universities with existing doctoral programs in law have added new academic programs (indicated in brackets) : University of International Business and Economics (Civil and Commercial Law), Fudan University (Civil and Commercial Law), Zhejiang University (Legal Theory), Shandong University (Constitutional and Administrative Law, Civil and Commercial Law), Xiangtan University (Legal History), Hunan University (Economic Law). Another 11 universities were approved for the first time as doctoral programs in the second-level discipline of law, thus becoming legal doctor training units: Party School of the CPC Central Committee (Law Theory), Liaoning University (Economic Law), Heilongjiang University (Civil and Commercial Law), Shanghai Jiao Tong University (Constitutional Law and Administrative Law), Anhui University (Economic Law), Fuzhou University (Environmental and Resource Protection Law), Ocean University of China (Environmental and Resource Protection Law), Zhengzhou University (Constitutional Law and Administrative Law), Hunan Normal University (Civil and Commercial Law) International Law), Sun Yat-sen University (Legal Theory), Chongqing University (Environmental and Resource Protection Law). ^[2]

2008-2012 "Special needs project" implementation

In February 2011, the 28th academic degree meeting of The State Council passed the "Opinions on the pilot work of" Serving National Special Needs Talents Training Project "(referred to as the" special needs Project "), and officially launched the application and evaluation work in August 2011. After two rounds of review by industry management experts and subject experts of the competent departments of the state, 35 of the 188 projects declared by 144 universities across the country were approved, and the Northwest University of Political Science and Law declared "Senior legal personnel training Project for the stable development of the Northwest Region and national Security" was approved

In 2010-2011, new doctoral programs were reviewed

In March 2011, the Academic Degrees Committee of The State Council and the Ministry of Education officially issued the evaluation results, approving the University of International Business and Economics (International Law and civil and Commercial Law, two secondary courses). People's Public Security University of China (Litigation Law), Liaoning University (Economic Law), Dalian Maritime University (International Law), Heilongjiang University (Civil and Commercial Law), Fudan University (International Law, Civil and Commercial Law), Shanghai Jiao Tong University (Constitutional and Administrative Law), Nanjing University (Economic Law), Soochow University (Constitutional and Administrative Law), Zhejiang University (Xian) Law and Administrative Law, Legal Theory), Anhui University (Economic Law), Shandong University (Legal Theory, Constitutional Law and Administrative Law, Civil and Commercial Law), Zhengzhou University (Constitutional Law and Administrative Law), Xiangtan University (Litigation Law, Legal Theory), Hunan University (Economic Law), Hunan Normal University (International Law), Sun Yat-sen University (Legal Theory), Sichuan University A total of 21 second-level doctoral programs from Chongqing University (Litigation Law), Chongqing University (Environmental and Resource Protection Law), Ocean University of China (Environmental and Resource Protection Law), and the Xi 'an Campus of the College of Political Science of the National Defense University of the People's Liberation Army (Military Law, known as Xi 'an Political Science University) have been upgraded to first-level doctoral programs. Approved 7 universities, Beijing University of Aeronautics and Astronautics, Nankai University, Tongji University, Central South University, South China University of Technology, Hainan University, Southwest University of Finance and Economics, doctoral programs of first-level discipline of law. ^[2]

Diversified new doctoral programs have been reviewed since 2012

In September 2016, the Academic Degrees Committee of The State Council issued the results of the dynamic adjustment of the year, and approved Shanghai University of Finance and Economics and Southeast University to establish first-level doctoral programs in law, becoming the first universities to set up doctoral programs in law through dynamic adjustment. In March 2018, the evaluation results were officially issued, and seven new first-level doctoral programs in law were approved: Beijing Normal University, Hebei University, Zhejiang Gongshang University, Jiangxi University of Finance and Economics, Jinan University, Guizhou University and Xinjiang University; The Party School of the CPC Central Committee approved the upgrading of the second-level doctoral program in legal theory to the first-level doctoral program. At about the same time, the Ministry of Education also approved the dynamic adjustment results of the 2017 declaration, and approved the addition of first-level doctoral programs in law in Yunnan University and Shanxi University. On May 6, 2019, the Ministry of Education approved the results of the 2018 declaration of dynamic adjustment, and approved the Beijing Institute of Technology to add a first-level doctoral program in law. At the same time, according to the decision of the 35th academic degree meeting of The State Council, the independent review units in 2018 were approved to add the list of degree places, and the first-level doctoral programs of Tianjin University and Xi 'an Jiaotong University were added. On March 30, 2020, The State Council issued the results of dynamic adjustment of academic programs in 2019, and approved the addition of first-level doctoral programs in law in East China Normal University and Huazhong University of Science and Technology. ^[2]

First-class doctoral program in law

Regional distribution of first-level doctoral programs in law 1981-2020 (as of March 31, 2020), total 52 PC.

Schematic diagram of the number of first-class doctoral programs in law in national universities

North China

Beijing: Peking University, Tsinghua University, Renmin University of China, China University of Political Science and Law, University of Chinese Academy of Social Sciences, University of International Business and Economics, Beijing University of Aeronautics and Astronautics, People's Public Security University of China, Beijing Normal University, Party School of the CPC Central Committee, Beijing Institute of Technology

Hebei Province: Hebei University

Tianjin: Nankai University, Tianjin University

Shanxi Province: Shanxi University

Northeast region

Jilin Province: Jilin University

Liaoning: Liaoning University, Dalian Maritime University

Heilongjiang: Heilongjiang University

East China

Shanghai: East China University of Political Science and Law, Fudan University, Shanghai Jiao Tong University, Shanghai University of Finance and Economics, East China Normal University

Jiangsu: Nanjing University, Nanjing Normal University, Southeast University, Soochow University

Shandong Province: Shandong University, Ocean University of China

Anhui Province: Anhui University

Zhejiang: Zhejiang University, Zhejiang Gongshang University

Fujian: Xiamen University

Jiangxi: Jiangxi University of Finance and Economics

Central and southern region

Hubei Province: Wuhan University, Zhongnan University of Economics and Law, Huazhong University of Science and Technology

Hunan Province: Hunan University, Central South University, Hunan Normal University, Xiangtan University

Henan Province: Zhengzhou University

Guangdong: Sun Yat-sen University, Jinan University

Hainan: Hainan University

Southwest China

Chongqing: Southwest University of Political Science and Law, Chongqing University

Sichuan: Sichuan University, Southwest University of Finance and Economics

Yunnan: Yunnan University

Guizhou Province: Guizhou University

Northwest China

Shaanxi: Xi 'an Jiaotong University

Xinjiang: Xinjiang University ^[2]

Subject assessment and ranking

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EDITOR

Results of the fourth round of national discipline evaluation: Jurisprudence. Note: The universities with the same evaluation results are ranked in no particular order, according to the school code

Evaluation result

School code and name

A+

10002 Renmin University of China

China University of Political Science and Law 10053

10001 Peking University

10003 Tsinghua University

East China University of Political Science and Law 10276

10486 Wuhan University

10652 Southwest University of Political Science and Law

A-

10036 University of International Business and Economics

10183 Jilin University

10248 Shanghai Jiao Tong University

10284 Nanjing University

10335 Zhejiang University

10384 Xiamen University

10520 Zhongnan University of Economics and Law

B+

Beijing University of Aeronautics and Astronautics 10006, China

10027 Beijing Normal University

10055 Nankai University

10140 Liaoning University

10246 Fudan University

10285 Soochow University

10319 Nanjing Normal University

10422 Shandong University

Xiangtan University 10530

10533 Central South University

10558 Sun Yat-sen University

Sichuan University 10610

10611 Chongqing University

10726 Northwest University of Political Science and Law

10034 Central University of Finance and Economics

10041 People's Public Security University of China

10151 Dalian Maritime University

10212 Heilongjiang University

10247 Tongji University

10272 Shanghai University of Finance and Economics

10357 Anhui University

10421 Jiangxi University of Finance and Economics

10423 Ocean University of China

10459 Zhengzhou University

10532 Hunan University

10542 Hunan Normal University

10589 Hainan University

10651 Southwest University of Finance and Economics

Yantai University 11066

B-

10052 Minzu University of China

10353 Zhejiang Gongshang University

10386 Fuzhou University

10475 Henan University

10487 Huazhong University of Science and Technology

10559 Jinan University

10561 South China University of Technology

10590 Shenzhen University

10592 Guangdong University of Finance and Economics

10673 Yunnan University

Xi 'an Jiaotong University 10698, China

10730 Lanzhou University, China

Gansu University of Political Science and Law 11406

11835 Shanghai University of Political Science and Law

C+

10007 Beijing Institute of Technology

10030 Beijing Foreign Studies University

10075 Hebei University

10108 Shanxi University

10126 Inner Mongolia University

10254 Shanghai Maritime University

Shanghai University of International Business and Economics 10273

10280 Shanghai University

10385 Huaqiao University

10511 Central China Normal University

Guizhou University 10657

10755 Xinjiang University, China

11078 Guangzhou University

Ningbo University 11646, China

11846 Guangdong University of Foreign Studies

10004 Beijing Jiaotong University

10028 Capital Normal University

Tianjin Normal University 10065

10125 Shanxi University of Finance and Economics

10166 Shenyang Normal University

Dongbei University of Finance and Economics

East China University of Science and Technology 10251

10294 Hohai University

10394 Fujian Normal University

10484 Henan University of Economics and Law

10524 Central South University for Nationalities

Southwest University for Nationalities 10656

Kunming University of Science and Technology 10674

11117 Yangzhou University

11832 Hebei University of Economics and Trade

C-

10009 North China University of Technology

10011 Beijing Technology and Business University

10079 North China Electric Power University

10270 Shanghai Normal University

10327 Nanjing University of Finance and Economics

10346 Hangzhou Normal University

10378 Anhui University of Finance and Economics

10497 Wuhan University of Technology

10574 South China Normal University

10593 Guangxi University

10602 Guangxi Normal University

11065 Qingdao University

11482 Zhejiang University of Finance and Economics

Representative institution

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EDITOR

Dongwu Chaoyang

The law education in modern China can be traced back to the Zhili Law and Government School in 1905 and the Beijing Law and Government School in 1907. During the first decade of the 20th century, due to the promotion of the Qing government and the consideration of practical interests, law and government schools blossomed everywhere. By 1916, the number of law schools and students was much higher than the number of students in other subjects at the same time. But the first real scale impact was made by Soochow University Law School and Chaoyang College. In 1915, the Law Department of Soochow University was officially opened, which was the beginning of Soochow University Law School. In 1926, Soochow University Law School officially opened the master's program, which is one of the earliest examples of law graduate education in modern China. The main purpose of Soochow Law is to educate students in three different legal systems: Anglo-American law, Roman law, and Hebrew law. To enable students to grasp the basic principles of the legal system in comparison." Chaoyang University is a private legislation university founded by Wang Youling and others in 1912, and later changed its name to Chaoyang College. The curriculum of this university is mainly based on the teaching system of continental law and adopts Anglo-American law. It is famous for its emphasis on judicial practice, and most of its graduates are judges. The school aims to train legal professionals, not legal researchers. ^[3]

Five schools and four departments

" Five schools and four departments "Is the abbreviation of the five political science and law colleges established in New China and the law schools of four universities (the original law Department), China Higher Legal education There is a saying in the world: only those who come out of the "five schools and four departments" can be regarded as legal students in the true sense. The legal science of these nine universities plays an important role in China's legal education circle, and 80% of the backbone personnel of China's judicial organs have the training background of five schools and four departments.

School name	Competent department	centralis	Project 211	Project 985	location	predecessor
China University of Political Science and Law	Ministry of Education of the People's Republic of China	Square root	Square root		Peking	Beijing University of Political Science and Law
Southwest University of Political Science and Law	Chongqing Education Commission				Chongqing	Southwest University of Political Science and Law
East China University of Political Science and Law	Shanghai Municipal People's Government				Shanghai	East China University of Political Science and Law
Zhongnan University of Economics and Law	Ministry of Education of the People's Republic of China	Square root	Square root		Wuhan (capital of Hubei Province)	Zhongnan University of Political Science and Law
Northwest University of Political Science and Law	Shaanxi Provincial People's Government				Xi 'an	Northwest University of Political Science and Law
Peking University Law School	Peking University	Square root	Square root	Square root	Peking	Department of Law, Peking University
Law School, Renmin University of China	Renmin University of China	Square root	Square root	Square root	Peking	Department of Law, Renmin University of China
Wuhan University Law School	Wuhan University	Square root	Square root	Square root	Wuhan (capital of Hubei Province)	Law Department, Wuhan University
Jilin University Law School	Jilin University	Square root	Square root	Square root	Changchun	Law Department, Jilin University

College of political science and law

The University of Political Science and Law is a typical institution in the field of education, application and research of law in China. As of 2014, China had eight Politics and law Class colleges, these political science and law colleges National judicial examination The passing rate is in the forefront of the country, and it has cultivated a large number of outstanding legal talents for China's judicial sector.

School name	Competent department	Establishment time	centralis	Project 211	location
China University of Political Science and Law	Ministry of Education of the People's Republic of China	The year 1952	Square root	Square root	Peking
Southwest University of Political Science and Law	Chongqing Education Commission	The year 1950			Chongqing
East China University of Political Science and Law	Shanghai Municipal People's Government	The year 1952			Shanghai
Zhongnan University of Economics and Law	Ministry of Education of the People's Republic of China	The year 1948	Square root	Square root	Wuhan (capital of Hubei Province)
Northwest University of Political Science and Law	Shaanxi Provincial People's Government	The year 1939			Xi 'an
Shandong University of Political Science and Law	Shandong Provincial People's Government	The year 1955			Jinan (in Shandong Province)
Gansu University of Political Science and Law	Gansu Provincial People's Government	The year 1956			Lanzhou (capital of Gansu Province)
Shanghai University of Political Science and Law	Shanghai Municipal People's Government	The year 1984			Shanghai

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