Professor of China University of Political Science and Law, Professor of Macau University of Science and Technology.
Gender: male
Date of birth:1June 957
Education: Doctor of Law.
Professional direction: civil law, comparative law, Roman law. 1977 was admitted to the history department of Lanzhou university in Gansu province, 198 1 got a bachelor's degree in history, and 1984 got a master's degree in law. In the same year, he taught at China University of Political Science and Law in 65438+February. The lecturer was promoted from 1987 to associate professor from 1992 and full professor from 1995.
1988.1-1989.5 was awarded a scholarship by the State Education Commission to study at the Max Planck Institute of Foreign Law and Private International Law in Hamburg, Federal Republic of Germany, and gave lectures at many universities in Germany. 1990.4-6 was invited to visit the University of Rome, Italy as a visiting professor. 199 1 won the research fund award of outstanding young teachers of the state education commission in, and completed the research project of European single market legal system.
1991.10-1995.4 was invited by the Macao government and sent by the Ministry of Justice and the State Education Commission to participate in the localization of laws in Macao as a legal expert in China. During his stay in Macao, he presided over the compilation of Macao's first Chinese law book, Macao Law. 1995 the Macao research center of China university of political science and law was established with the support of the school as its director. 1997- 1998 won the Humboldt research scholarship in Germany and went to the Law School of Bonn University in Germany as a visiting researcher to conduct special research. After returning to China from 65438 to 0998, he founded and served as the director of the German Law Research Center of China University of Political Science and Law. 200 1 editor-in-chief of comparative law research. 20065438+0-September 2002, he joined the "doctor service group" supported by the Central Organization Department for the development of the western region and served as the vice president of the Higher People's Court of Qinghai Province. In 2002, with the support of the school, he founded the Sino-German Law School of China University of Political Science and Law and served as the dean. In 2003, he founded China Legal Literature magazine and served as editor-in-chief. In cooperation with the German Academic Exchange Center, he presided over the large-scale legal translation project "Contemporary German Legal Masterpieces". Wan Li Confident in Life —— Interview with Mi Jian, Professor and Doctoral Supervisor of China University of Political Science and Law
Xie Qing and Chen Hongwei upload date: 2004- 12-2.
Going to the countryside, from Lanzhou University to Xiamen University to China University of Political Science and Law, going abroad for further study, working in Macau, working in Qinghai, and studying in Wan Li, Mi Jian, who likes to travel naturally, has a panoramic view all the way, which has made his ordinary life colorful. Perhaps, people born in the 1950s are destined to be polished by a hard time, but their pursuit of ideals has always been simple and persistent.
1In April, 1975, 18-year-old Mi Jian came to live in Wuwei County, Gansu Province with idealism. He used to water his shoulders, waded barefoot in glaciers, starved for lack of food, and drank the pool water that people and animals drank. But he knows what difficulties are and how to face the hardships of life calmly.
In that generation, Mi Jian was lucky. 197765438+In February, Mi Jian took the college entrance examination for the first time after the Cultural Revolution, and entered Lanzhou University to study history as he wished the following spring. Mi Jian, who liked classical literature at that time, wanted to be a writer. "I think history can provide a broader and deeper knowledge and ideological background for writing." In the process of learning, Mi Jian became interested in Greek and Roman history and culture, and then discovered the new knowledge world of Roman law. Mi Jian began to teach himself law. "My almost pure dream is to be a lawyer in the future, a legal knight who draws out a sword to help and do justice for heaven." Roman law at that time was like an introduction, which brought Mi Jian into the palace of law. 198 1, Mi Jian was admitted by the graduate students majoring in Roman law in the Law Department of Xiamen University.
It was a wonderful time to study freely and enjoy life. The beautiful campus of Xiamen University, the silver beach, the blue sea, the waves and Mi Jian are still fresh in my memory. "There, I was lucky enough to meet my teachers, Li Jingxi and Mr. Hu Dazhan. They treated me like my parents, which taught me not only how to study, but also how to be a man." From 65438 to 0983, through Hu Dazhan's arrangement, Mi Jian and two other students came to Beijing to study the history of Chinese legal system in Zhang's, Zhang Xibo's and Ceng Laoshi's homes, and the history of foreign legal system in Lin Rong's teacher's home. This kind of learning style similar to private school learning has benefited Mi Jian for life.
1984, the study and life of Xiamen University ended, and Mi Jian went to China University of Political Science and Law to teach Roman law to undergraduates with the famous jurist Jiang Ping, continuing his Roman law complex. Soon, from 65438 to 0987, the book Fundamentals of Roman Law, co-authored by Professor Mi Jian and Professor Jiang Ping, had an influence in the legal field with its unique research methods and rich contents. Mi Jian began to emerge among young scholars. In fact, Roman law is just a bridge for Mi Jian to expand into a wider legal field, and such a small world can't satisfy him. In modern China literary world, Mi Jian worships Lu Xun and Lin Yutang most. "I admire Lu Xun's profound sensitivity and sense of national responsibility, and admire Lin Yutang's detachment and personality independence. In terms of scholarship, Lu Xun's' takenism' and Lin Yutang's' two feet connect China and the West and one heart connects the universe' have always been regarded by me as the highest realm of scholarship. "
In Mi Jian's view, a good scholar should not only have humanistic care, but also have the realm of interpersonal communication. The so-called humanistic care is a sense of responsibility for society and people's livelihood, and the so-called interpersonal realm is to have a mind that transcends the nation-state and looks at human society. After more than 20 years of legal journey, Mi Jian has been pursuing an atmospheric and simple academic mind. Whether teaching and researching in China, going abroad for further study or working abroad, he consciously pursues the east and west in the broad vision of eastern and western cultures and reaches the realm of ancient and modern scholarship.
From 65438 to 0988, Mi Jian went to Germany for further study and began his first close contact with advanced western legal culture. 199 1 10 In June, Mi Jian went to Macau and directly participated in the localization of laws in Macau as a legal expert in China. For more than ten years, he has visited Germany, Switzerland, Italy, Japan and Hong Kong and Macao for academic visits and lectures, absorbed ancient and modern ideas, learned from others, and approached his goal step by step. Therefore, it is not difficult to understand why Mi Jian's academic research involves Roman law, comparative law, German law, Macao law, civil and commercial law, judicial system and many other fields. His dual principle of tort liability, the fallacy of the proposition of "civil juristic act" and the misunderstanding of the theory of juristic act have all had an influence in academic circles. Today, Mi Jian has long been a famous scholar in the field of comparative law research, and the inevitability of his argument from comparative law to * * * is gradually recognized by more people.
Undeniably, German law has played a decisive role in the expression and development trend of contemporary China law. Therefore, Mi Jian, who went to China twice to study law, added a sense of mission, and let the German legal community know more about the legal systems in Germany and the West. Thus, with the support of the German Academic Exchange Center, the huge project of systematically translating German legal classics led by Mi Jian began. Starting from 1998, this series of "masterpieces of contemporary German law" has been translated and published in 15 volumes, including General Introduction to German Civil Law, General Introduction to European Contract Law and General Introduction to Administrative Law. These legal monographs are recognized as legal classics by contemporary German and even European legal circles, and are praised by academic circles as translation series with the highest quality, the largest scale and the deepest theme in recent years. The translation of General Principles of German Civil Law by Xie et al. is even more remarkable.
In Macao, Mi Jian's specific job is to assist in the Chinese translation of his civil code. Mi Jian not only participated in the Chinese translation of many laws, such as the Portuguese Civil Code, but also organized and planned the compilation of the first Chinese legal work "Macao Law" in Macao history. At the same time, Mi Jian and his colleague * * * translated and published the famous German comparative law book General Theory of Comparative Law and English Comparative Legal Tradition. After leaving Macao, Mi Jian also published a monograph on Macao's civil and commercial legal system, Macao Civil and Commercial Law, and a wider collection of essays, Macao Legal System and Continental Legal System, which are still in Chinese mainland and Macao.
The representative work of Macao's legal system. "During my three years in Macao, I have done something worth remembering, which is valuable and meaningful to my personal life and Macao society." During that time, Mi Jian ushered in another academic peak.
"I have spent a lot of energy studying foreign laws, but I have been trying to combine them with the reality in China and apply them to the law and practice in China." It is also based on this thinking that in September, 200012000, Mi Jian participated in the "doctor service group" supporting the western region and went to Qinghai as the vice president of the Higher People's Court of Qinghai Province. What impressed Mi Jian most in his one-year career as a judge is that theory should not be just an ideal sketch, but a way of thinking that can be used in practice to change reality and make it gradually approach the ideal. This brand-new experience has made Mi Jian's academic research have a clearer direction. "For decades, I have been faced with choices and made choices, which has affected my life development. Every choice means a new life struggle. "
1990, Mi Jian received an invitation from the Macao government, but he was lost in thought instead of imagination. On the eve of Macao's return to China, it is undoubtedly a historic task to participate in the localization of Macao's laws. But at that time, he had applied for the first batch of doctoral students of Mr. Jiang Ping, and wanted to assist Mr. Jiang Ping in the translation project of "Foreign Law Library". Going to Macau means that he will never have a doctor again. When he asked Mr. Jiang for advice, Mr. Jiang was very supportive of his acceptance of the invitation. Mr. Jiang said that there is only one chance to go to Macao. Teacher Jiang's generous mind has made Mi Jian grateful to this day. "My biggest regret in academic development is that I will give up the opportunity to study for a doctorate after the exam."
1995, Mi Jian had to face the question of whether to stay in Macao. Choosing to stay means choosing a very comfortable life, but Macao, which was ruled by the Portuguese at that time, could not be compared with the academic environment in Beijing. Choosing to leave means giving up the generous salary and residence in Macao's aristocratic residential areas. At the same time, we should also be prepared to accept the apartment building of the University of Political Science and Law and the much lower salary. Undoubtedly, Mi Jian must choose between academics and money. After hesitating for several months, he finally chose to leave and chose academics between academics and money. The lure of money has been unable to impress him. "This is also the reason why I can study and study calmly in the current materialistic social atmosphere."
Working in Qinghai High Court is also an important choice in Mi Jian's life. In the summer of 200 1, he was faced with two choices: he was invited to be the vice president of a university in Macao or he was assigned to work in Qinghai in the northwest. If you choose the former, you can go back to Macao to do something with high income; Choose the latter, go to remote and poor areas, and your income will be reduced. "But I still chose to go to Qinghai. Although family members or others have different opinions, I think this is a choice that conforms to my life beliefs. "
Indeed, as Mi Jian said, "Every choice means a new struggle in life". 1996, Mi Jian returned to China University of Political Science and Law from Macau and established the Macau Research Center with the support of the school. Before the return of Macao, the center did a series of very meaningful work. From 65438 to 0997, Mi Jian went to Germany again for a special study, and the series of Contemporary German Legal Masterpieces was born. 65438-0999, China University of Political Science and Law established the German Law Research Center. In 2002, on this basis, Sino-German Law School was established. Mi Jian provoked the responsibility of the dean and devoted himself wholeheartedly.
From June 5th to1October, 2004, a large-scale international seminar on "Legal Globalization and the Discovery of the Same Law" sponsored by Sino-German Law School was held in Beijing, which brought together many first-class legal experts from China, Germany, Japan, Taiwan Province Province, Macau and other countries and regions. This grand meeting of the collision and exchange of Chinese and western legal cultures is the best annotation to the academic realm that Mi Jian has been pursuing for many years, and it is also his efforts to gallop in the broader legal world.
This article was originally published by Xie Qing and Chen Hongwei, reporters of Legal Daily.