Studied law for ten years.

I studied law at Henan University from 1998 and studied law for ten years. From the "young man" who is still full of curiosity to the age of nearly 30; From a middle school student to a graduate student now; From almost ignorance of the law to systematic study later; Ten years have passed since I walked out of Heyuan and stepped into No.85 Minglun Street again-perhaps the most important decade in my life. Ten years, every time I recall the past, I can't help feeling a lot; Ten years, it's time to sum up.

I really appreciate the opportunity and instruction given to me by the teachers-it was this opportunity and instruction that made my lucky last year of ten years extremely rich in meaning and made me stop cursing myself for years of mediocrity. The first year of graduate school is the year when I think the most and improve my knowledge the fastest, especially in my major. Primary school students only learn the basis of knowledge and life, while middle school students only establish a simple binary judgment of things "right or wrong" (this may be related to their usual exam training-they can get points if they answer the questions correctly, otherwise they won't get points). Even undergraduates only systematically master a knowledge framework with the help of concepts and propositions-the concepts, principles and propositions they master are often contextual, rigid and isolated. Relying on textbooks, reading textbooks every day, and even understanding professional learning as mastering textbooks-once you master textbooks, you can make great achievements in your major. They think that textbooks, especially those compiled by famous professors, are right-at most, they have a little recognition of "criticism from other scholars or teachers"; They are also superstitious about their teachers and think that what they say is right. Little did they know that what they said was just what they thought was right. As a result, they often lack their own thinking and opinions, and cannot form the habit and accomplishment of independent thinking and independent learning. They haven't realized that things are complicated and sometimes can't be understood with exact definitions; Things have many sides, and mastering these different sides may be a correct understanding of things; It seems accurate to define it, but it is actually fallacious. As a result, they unconsciously developed a learning method of "concept+feature"-perhaps this can be found from the routine of "concept+feature+function+history+meaning" and nearly 80% of papers submitted by many students. Unfortunately, I used to be one of them; Fortunately, through the guidance of Mr. Ren Ruixing and one year's study and thinking, I realized these and tried to correct them.

I. Achievements of the past year

One of the gains of the first year is to supplement the knowledge of legal philosophy and legal history. In fact, jurisprudence is nothing more than extracting common factors, extracting the * * * things of various departmental laws, forming a reasonable system according to certain logical relations, and becoming a basic discipline where all departmental laws can find guiding principles, but this is still to explain legal relations and legal issues from the perspective of law itself. Philosophy of law is a philosophical perspective and height to examine law, which provides us with a broader daydream space and frame of reference, and brings us the ability to abstract and summarize, and the determination and habit to explore the depth bravely. Legislation provides regulations, while classroom learning is the norm, but we must understand the spirit of law-philosophy of law provides us with a way to find the spirit of law through philosophical analysis of law. The study of law requires not only * * * temporal thinking, but also diachronic thinking, comparing different concepts, principles and systems, finding out the essence behind phenomena, finding out some laws, thoroughly understanding problems, putting forward valuable opinions and enriching the understanding of law. Therefore, knowledge of legal history is very important. Moreover, a strong sense of historical materials in the study of legal history is of great help to improve our data collection ability, train and master better sorting methods, and obtain more research materials and related information.

The second achievement is to establish a clear academic interest and direction-codification of civil law. Codification theory is the most macroscopic, philosophical and highly civil law theory. As far as the context of China is concerned, it is also the focus of current and future legislative and civil law theorists. The outline of code theory enables us to have a bird's eye view of the whole civil law system, clarify the functions and relationships of each specific system, and then have a systematic understanding of civil law and appreciate the concept and spirit of civil law as a private law. The degree of codification is a sign of the maturity of a social legal system. The formal compilation of China's civil law began with 1998 (the establishment of the civil law drafting group). At present, the debate about this code continues to be fierce, from three propositions of "restraint", "reality" and "romance" to the suggestions of three scholars: Liang Huixing Edition, Wang Liming Edition and Xu Guodong Edition-Green Civil Code. From three spirits of "humanism", "old humanism" and "new humanism" to three modes of "law", "virtue" and "home"; From the digital design of "Nine Series", "Seven Series" and "Five Series" to the position arrangement of "personality right", "intellectual property right" and "tort liability law", there are many things. Past experience has proved that the more intense the debate, the more advanced the civil code; The more differences, the more scientific the code. This kind of quarrel in the process of making the civil code is really a great event in the legal circle of China, and it is also a valuable legal progress. No matter how many "Xu Guodong elements" there are in the future civil code, I think we should all thank him for his "academic ripple", well-meaning "contempt" and rational and hysterical "clamour". My initial concern about codification was inspired by Wei's younger brother, so my current research direction first chose the code theory, and I think that as a graduate student in the direction of civil law, I should stay, follow up and integrate into the codification of civil law-the most mainstream and contemporary trend of civil law theory.

The third gain is the ideological change from "learning English" to "using English". This holiday, I had the honor to translate an article with Wei, and I was honored to be fully affirmed by Wei. This is the first time that I have translated an article systematically. My English is not good and I lack professional English knowledge. To tell the truth, my initial state of mind can be described as walking on thin ice, fearing that there is something to trust. But after a month of trying, I feel that it is not easy to introduce foreign languages into translation. However, if you do it boldly, "no matter how difficult it is, it is easy"! Translation and introduction of foreign languages is a new job for me and a new learning method. Professor Qu Tao of China Academy of Social Sciences mentioned in the postscript of the latest Japanese civil law that China people have a common understanding of learning foreign languages: "English is to cry and make progress, but to laugh; The Japanese are laughing and shouting for progress. " This month's experience makes me agree with this statement very much. And for me, the result of my efforts is not only to translate English texts into Chinese texts, but also to master a learning and scientific research ability of learning, translating and using foreign languages. Brother Peng Xiaolong said that scholars in Beijing now disdain to engage in translation-it is a waste of time, and foreign language translation is no longer regarded as a scientific research achievement. It is best to write articles or monographs, while young talents do not engage in translation. Personally, I disagree with him. Most laws in China are "imported from the west", so a good understanding of western languages should be the basic literacy of legal persons. Translating a foreign language can improve the level and application ability of a foreign language. Only by mastering the ability of translation-accurate understanding of a foreign language can we quote a foreign language accurately and easily. In fact, the General Theory of Civil Law written by Satoshi Omura (Peking University Press, 2004 edition) was proofread by Wang Yi. Of course, I also know that you can master a foreign language ability not by translating a short article. I made a training plan for myself in the future: read through the English versions of General Principles of Civil Law and French Civil Code, and basically master the concepts, terms and idioms in civil law. Next, I will try to cooperate with others to translate 3 or 4 articles and a book in one to two years, and learn how to choose the text to be translated, how to organize like-minded teams, how to contact the original author of the text and strive for his translation. Last year, I began to translate German articles.

The fourth harvest is that I jumped out of the encirclement of textbooks and learned to read, especially to read good books. Just as we can't always think that we have been "learning" English to learn it well, we should learn how to use and make use of it. You can't think that you didn't learn your major well. In fact, I didn't learn my major well, maybe I read too many textbooks. Realizing this, I decided to read books instead of textbooks unless it was necessary. What is a good book? I think professors often quote good books and articles when writing. Facts have proved that my judgment is correct. This holiday, I made a special trip to Zhengzhou twice and asked my classmates in Beijing to buy a batch. I also bought a lot of books through Dangdang and Joyo. Good books are really rare, like Rene? David's Contemporary Major Legal System, Zweigert and Katz's General Theory of Comparative Law, John? Henry. Merriman's civil law system, Sui's theory of legal evolution, Maine's ancient law, Dafa's comparative law, Franz? Wake's history of modern private law-centered on the development of Germany: the evolution and formation of Allen Watson's civil law system: Ji Bomin's world commodity social law and property rights law: Xie's Introduction to Foreign Civil and Commercial Law; My wife's opinion on the superior position of creditor's rights in modern law: state coercion in the autonomy of private law in the Soviet Union.

The fifth harvest is to collect and sort out a lot of information. Learning to sort out and collect information is the basic skill of learning. Besides buying many books, I also collected a lot of useful information through the Internet. First of all, I found a few classmates, worked together, and found out articles from different websites in the field of civil and commercial law, including many professional articles on jurisprudence and legal history, and then classified them so that everyone could enjoy their resources. Secondly, I found several useful websites and downloaded a lot of good materials from them, such as: all the works of Shi Shangkuan and Wang Zejian; Complete works of jurist teahouse; Most essays on civil and commercial law; A complete series of Contemporary German Legal Masterpieces (Medicus's General Introduction to German Civil Law) published by Law Publishing House; Chinese versions of German, French, Japanese and Taiwan Province civil codes, English versions of many national civil codes, and Spanish and Portuguese versions of almost all other national civil codes; There are also many famous works translated from Germany, France, the United States, Britain, Japan and Italy. All articles on the topic of civil code that can be found on the internet.

The sixth harvest is that I learned a second foreign language-German. German is the official language of Germany and Austria and one of the four official languages of Switzerland. German is the mother tongue of more than 65438+ billion people (about 1. 1 billion people in total). Originally used in Germany, Austria, northern Switzerland, Liechtenstein, Luxembourg, South Tyrol, Italy, a small part of Belgium, a part of Poland and a part of Alsace, France. In addition, in the colonies of these countries, such as Namibia, there are a large number of German-speaking people, and in some countries in Eastern Europe, there are also a small number of German-speaking minorities. In addition, German is spoken by a few people in German immigrant areas in countries such as the Soviet Union and Romania, and in Pennsylvania, USA. Therefore, German is the most widely used language in Europe, and there are three typical civil codes, two of which are in German. Besides, combined with China's pedigree of German civil law, I think it is very necessary to learn German. Last semester, I studied with the doctoral students in the school for one semester, and now I continue to study. There are relatively few German books and articles now, so it will be helpful to learn them well. Besides, Mr. Wang said that he recommended me to take Dr. Sun's doctoral examination in China Academy of Social Sciences. He is a German expert. I think it should be a great advantage to learn German well and take his PhD exam.

The seventh and biggest gain is that I learned how to study. The three-year study of graduate students should not be a simple progression of time after undergraduate courses. What is more important is to master how to study, find and study some problems. In addition to discovering and trying to correct the "concept+characteristics" learning method, I also expanded my ability to use foreign languages to create scientific research results. The article I translated will be published jointly by Wei and Tsinghua University's teachers as part of the book Development and Compilation of Private Law in the Transitional Period. In my opinion, in the postgraduate stage, don't study hard and shut yourself up. We should communicate more with others and the outside world, see more other students, and see more what graduate students from other schools, especially key universities, are doing. In fact, experience has proved that you can always gain more or less knowledge by communicating with others. Communication itself is a learning method, but it is ignored by most people. I also realize that after I have laid a solid foundation for Grade One, I should establish my professional interests and direction from Grade Two. The theory of civil law is too broad, and it is impossible to learn everything deeply. Moreover, the general law and road of academic growth is often to grasp a smaller scope and direction, become bigger, stronger and more sophisticated, and then expand to other fields from the surface. After you have established your professional interest and direction, you should write some related articles around the theme. Learning not only means learning from teachers, but also means learning by yourself. Class is learning, communication is learning, reading monographs and articles by yourself is learning, writing reading notes is learning, writing articles is learning, translating foreign languages is learning, and collecting and sorting materials is also learning. In fact, as long as we work hard, we can often enter a state of learning. Even watching TV and shopping, as long as we have a rational mind, we will find many meaningful problems, especially those related to our major, which is also learning. Through thinking and learning, you can connect your own knowledge points in series and form a system according to certain laws and logic. I think, for a master student, on the basis of undergraduate course, laying a good foundation, learning how to study independently, finding his own academic direction and making achievements, and writing a dissertation is a very qualified student. With these, he has done well in entering the doctoral stage.

When studying civil law, two kinds of thinking should go hand in hand. The first is micro-thinking. There are many knowledge points such as the concept and system of civil law, which are also trivial. To understand all these knowledge points, we not only need hard work and patience, but also need to develop the thinking habit of being careful, good at concrete analysis and starting from nuances. The second is macro thinking. Civil law is not only extensive, but also the most systematic. If the same content is arranged in different order, the legislative intention, the spirit of civil law and the value orientation may be quite different. It is often very difficult to formulate and amend the civil law because of the reason of "one hair affects the whole body"; Mr. Wang Zejian called "unauthorized disposition" as "the spirit of law", and the handling of this issue reflected the legislative level of legislators. This is because "unauthorized disposition" is closely related to the system of property law and creditor's rights law, as well as the system and problems of ownership, contract validity, unjust enrichment, infringement, etc.-this fully shows the strong systematicness of civil law. Professor Wang Yi also specializes in writing about the institutional compulsion of civil law. When studying civil law, we should pay special attention to this systematic cognition of civil law. Teacher Guo Mingrui also pointed out in the textbook Civil Law edited by him that civil law should be studied systematically. In order to understand the system of civil law and its profound connotation, we need a macro thinking method and habit that doesn't just stay in a certain detail. Of course, the two are by no means diametrically opposed, on the contrary, they complement each other: the study of macro-issues often needs the support of specific systems; Attention to specific problems needs to be summarized macroscopically and abstractly to capture its * * * nature, find its crux, and then draw accurate conclusions. So I also ask myself not only to write some articles about the codification of civil law, but also to study the specific system in civil law, both of which are indispensable.

There must be a way to learn. In the preface to the Chinese version of Creditor's Rights in Modern Law, Professor Hideyoshi Hoshino pointed out that the reason why my wife, Professor Rong, has made such great achievements is closely related to the fact that Mr. Wang wrote a methodology paper when he was young, established the methodology and then pursued this method all his life. Good learning methods can make us get twice the result with half the effort. Have you seen Carl? Larenz's Methodology of Law, Huang Maorong's Methodology of Law and Modern Civil Law, Hu Yuhong's Introduction to Methodology of Law, Yang Renshou's Methodology of Law, Ren's Methodology of Civil Law, Legal Thinking and Examples of Civil Law, He Weifang, Liang Comet, Ji Weidong and How to Learn Law. Having a basic understanding of the methods of learning civil law, I feel "my eyes are bright and suddenly enlightened". I believe this will continuously improve my learning efficiency.

Second, the direction of efforts

I used to think I dared to write anything, but after I came to graduate school, I felt I dared not write anything, probably because I found myself ignorant. The more books you read, the more you feel shallow and ignorant. Therefore, this year I have been in guilt because of my shallowness. I deeply doubt my ability and feel guilty. Although he is one grade higher than Reggie, he found his huge gap. Introspection is for self-improvement. I know that I am a slow person and not as smart as Lei Jie. Only by redoubling our efforts can we narrow the gap.

Cognition of the results is also important. Work hard, work hard, and turn it into convincing results as much as possible. It's especially important for those who want to get a doctorate. After nearly half a year's study, I have mastered some information and accumulated some knowledge. Now I write some articles in combination with my own interests. I also revised the assignment of the commercial law course "On the Relationship between Company Law and Contract Law-Interpreting the Company from the Perspective of a Contract Path" (now the topic is "Interpreting the Company's Contract"), expecting a good result. On the Technical Structure of the General Provisions of the Civil Code has also been completed, and it is also ready to be revised and published. This time Reggie came back and brought me a precious Austrian civil law from Taiwan Province Province. In Chinese mainland, it seems that there are no published books about this code, and there are not many good comparative laws. Nearly 20 monographs and papers on the Civil Code I have at hand have not specifically talked about this point, and few related articles have been found on the Internet. I have carefully studied the Austrian Civil Code and want to write an article. These are all macro contents, and there are some micro needs to be written, such as franchise contract, the relationship between property creditor's rights and creditor's rights, tort and so on. I always * * * list 10 topics and want to finish them all in the second day of junior high school. I feel that after a relatively full period of preparation and accumulation, I have more ideas and a stronger "professional sense of smell". After that, when writing an article, after selecting a topic, read books and articles related to it for two weeks, start writing in the third week, read while writing, and complete the revision in the fourth week. In this way, if you devote yourself wholeheartedly, you can finish writing an article in a month or so.

My thoughts on my professional interests are as follows: First, my immediate goal is to study the German legal system in Zweigert and Katz's On Legal Style through the civil codes of Germany, Switzerland and Austria and corresponding materials. Secondly, the long-term goal is to establish a knowledge thread with the time latitude of "the compilation period of Roman law code of Emperor Justinian-the middle ages-the enlightenment period before the compilation of French civil code-modern times" and the establishment, variation, inheritance, decline and development of Roman law as the connecting line. This will enable me to establish a vertical knowledge system of private law with Roman law as the source and contemporary universal civil code as the result, so as to find some valuable topics. I only pay attention to the modern French Civil Code 1804 to the recent Dutch Civil Code 1992. The knowledge of Roman law is still very weak, and little is known about the situation of medieval Roman law, and there are not many research materials in this area, which increases the difficulty of learning and research. More efforts are needed in the future.