Yan Dayuan is a good book of the year
Falling in love with the law starts with reading.
Thanks to the enthusiastic voting of readers and friends, the editorial department finally selected the following 12 good books of the year according to the results of the vote count, the academic influence of the topic and the book market sales.
In 2024, we will continue to walk all the way
The following are listed in no particular order).
Commentary on the Criminal Law of China (all three volumes).
Feng Jun, Liang Genlin, Li Hong, editors-in-chief.
Top 10 Best Books of 2023 by Peking University Press
This book explains and comments on the provisions of China's criminal law article by article, and includes five parts: preamble, article, literature, detailed table of contents, and main text. The preceding note sets out the meaning, role and common issues of the various articles, chapters and sections of the Criminal Code; The original text of the article quotes the provisions of the criminal law; The literature section includes important published works, published articles and their sources; The table of contents section lists the names of the content of the text; The main part of the text reveals the main purpose of the relevant provisions, expounds its historical evolution, explains the relevant judicial interpretations, explains the relevant typical judicial precedents, and argues the solutions to specific problems.
Unjust Enrichment: 2023 Reformat
Wang Zejian.
The development of the unjust enrichment law is reflected in the distinction between payment-based unjust enrichment and non-payment-type unjust enrichment (especially the infringement of rights and interests), clarifying its normative function and establishment requirements, and making the implications and arguments of the application of the law more transparent and more reviewable. The purpose of this book is to integrate the doctrine of precedents (adjudication), construct a system of interpretation of the law of unjust enrichment, stabilize the application of the law of unjust enrichment, reduce the burden of argumentation, and provide a theoretical basis for future development.
In addition to reviewing the text and content of the book, this amendment provides a more in-depth discussion of the following important topics:
1.The purpose of the payment is not to achieve unjust enrichment.
2.Revocation of a gift deed and unjust enrichment.
3.Borrowed name registration and unjust enrichment.
4.In fact, the right of disposition and unjust enrichment.
5.Unjust enrichment of a house built without the right to occupy (or rent) the land of a third person without the right to occupy it.
6.The "Supreme Court's" review and outlook on the unjust enrichment of the land of others without the right to occupy.
7.Benefit received under the law of unjust enrichment and damage to others.
8.The object of the claim for unjust enrichment and the scope of return.
9.The right to claim the return of unjust enrichment in the bilateral contract.
10.Extinction of unjust enrichment claims.
Fundamentals of Contract Law
Melvin AEisenberg, Sun Liangguo, Wang Yicong.
This book is the culmination of Professor Eisenberg's more than 50 years of contract law research, covering almost all the core contents of contract law, and has a certain depth, but not obscure, clear and unique system arrangement, is a classic work of contract law research, and is also a rare classic system book for Chinese legal professionals to systematically study contract law.
Identification of legal loopholes
The judge proposes to study the boundaries of the law before continuing the law
Translated by Claus-William Canaris by Yang Xu.
The famous German jurist Canaris's famous book "The Determination of Legal Loopholes" reviews traditional opinions, expounds the application of law and the core issues of legal science, reconstructs the concept of legal loopholes, determines the benchmark and fills the methods, including analogical application and purposive limitation, and has made a significant and long-term contribution to the continuation of law. Dr. Yang Xu's translation of this book, Xindaya, is of great significance and reference value for the development of Chinese law and jurisprudence. - Wang Zejian.
Tsubaki Xiang: A Collection of Jiao Hongchang's Essays
Written by Jiao Hongchang.
Tsubaki is a collection of essays written by the famous constitutional scholar Professor Jiao Hongchang. This book contains the author's close-ups and personal thoughts on the characters he has depicted in recent years. The book is divided into five parts: characters, past events, travelogues, preface and epilogue, and speech. The characters, past events, and travelogues mainly focus on the depiction and reminiscence of people and events in the legal circle, including nostalgia and gratitude for friends and relatives, and sympathy for colleagues at the University of Law; There is not only respect and admiration for the predecessors of law, but also the conversation and laughter with the famous legal scholars of the same generation. The preface, epilogue and speech part mainly collect the author's thoughts and testimonials at the scene of the book and speech. The author uses true feelings as the material, words as the medium, and thoughts as the soul, and at the same time describes legal figures and reminisces about the past, but also shows the readers the historical process of China's rule of law construction.
Chen Guangzhong's oral autobiography
Chen Guangzhong dictated by Chen Xiahong.
This book is an oral autobiography completed by Mr. Chen Guangzhong, a well-known criminal procedure jurist in China, after fondly reviewing his life experience of more than 90 years, and was written and sorted out by Chen Xiahong after three years.
Chen Guangzhong was born in 1930 in Yongjia, Zhejiang. Before the reform and opening up, he was up and down in the turbulent waves of history and politics, sometimes humble as an ant, sometimes as tenacious as King Kong.
After the reform and opening up, Mr. Chen, who is over half a hundred years old, is committed to making meritorious contributions, establishing morality, and making speeches in the academic world. By chance, he was in charge of academic affairs and opened up territory for public academic undertakings; After retiring after success, he returned to his study, devoted himself to studying, and devoted himself to the modernization of China's criminal procedure legal system and the protection of human rights through one monograph and one article after another. His upbringing overlapped with the most treacherous period in the history of the Chinese nation. As a titan in the field of criminal procedure law, he is happy to see his academic views translated into reform measures, but he will not bend to pander to his views in order to be adopted. This style makes his academic vision open and cutting-edge, far-sighted and ambitious; There is also a "down-to-earth" side, realistic and pragmatic, and down-to-earth. This "Oral Autobiography of Chen Guangzhong" will show the key chapters and main details of Mr. Chen Guangzhong's life in detail, and its successes and failures are worth learning from those who come after him.
Oral History of Chinese Maritime Law
Center for Maritime Law, Peking University.
The interview "Oral History of Chinese Maritime Law" is the result of the "Second Classroom" project of Peking University Law School. The interviews were led and organized by the Maritime Law Research Center of Peking University, with well-known maritime law experts such as Wu Huanning, Yin Dongnian, Zhang Yongjian, and Meng Yuqun as consultants, and were specifically collected and written by graduate students majoring in international economic law at Peking University Law School. The interview book includes interviews with more than 30 experts and scholars in maritime law. The interviewees included scholars who participated in the first drafting of the Maritime Law in the 50s of the 20th century, foreign experts who were invited to Beijing to help draft the Maritime Law in the early 80s, the first generation of maritime law professors, the first generation of maritime judges and lawyers, and business people who have worked in shipping-related companies for decades, with an average age of over 70 years old. The interview adheres to the concept of "decentralization", and through the narration of these people from different perspectives, it recalls the arduous process of China's maritime law from scratch and from humble to perfect after the founding of the People's Republic of China. The purpose is to gather the wisdom of the crowd and create a social memory of China's maritime law, which has unique academic value and practical significance.
Jurisprudence: From Ancient Greece to Postmodernity
by Wayne Morrison.
Translated by Li Guilin, Li Qingwei, Hou Jian, and Zheng Yunrui.
This book is a classic work in the field of jurisprudence, the book Chinese first published in China, highly praised, since the publication of more than ten years, in the domestic legal circles have a high academic status and academic influence, for the development of China's jurisprudence has played a greater role, is the legal research, especially the jurisprudence personnel training and academic research of important works, by many domestic colleges and universities as the designated reading list for doctoral and master's students.
This book is a general work on Western jurisprudence, which reflects the development of Western jurisprudence from the author's unique perspective. Taking the origin, formation and development of modernity as a clue, the author selects materials from the vast treasure trove of Western jurisprudence and thought, and analyzes modernist thought from the perspective of postmodernism.
French Civil Code
Translated by Luo Jiezhen.
The French Civil Code is the world's first civil code, since 1804, it has set up a banner for the civil legislation of many countries in the world, and has had a profound impact on the development of China's civil law theory, and is one of the must-read works for China's civil law teaching and theoretical research. Since 2010, the French legislature has made a series of major changes to the Civil Code: the provisions on human identity, human and personality rights, marriage and family have been revised more widely, the inheritance law has been almost completely amended, and homosexual marriage has been included in the Civil Code, among others. These reforms reflect contemporary social changes in France; In particular, in 2016, the French Civil Code was also completely revised. In the more than 200 years since the "Law of Obligations" section, the provisions have basically not been amended. The reform of the French debt law reflects new theoretical and conceptual changes in French contract law and tort law. This Code is translated in accordance with the latest text of the French law **légifrance of January 1, 2023, with appropriate annotations, and the original provisions on divorce, paternity, adoption of children, minors, guardianship and dissolution of parental authority, inheritance law, law of obligations, statute of limitations and possession, as well as the amendment to the guarantee law in 2006 and the civil liability reform bill submitted in 2017 as "annexes", hoping that it will become the latest document with reference value for legal practitioners in our country.
Commentary on the Code of Practical Criminal Procedure
Edited by Yu Haisong.
This book is a comprehensive and in-depth reference book for the application of China's Criminal Procedure Law, which comprehensively includes the normative rules such as legislative interpretations, judicial interpretations, normative documents, and guiding cases involved in the provisions of the Criminal Procedure Law, and appropriately includes replies and replies to the application of law with important reference value. It is not only based on the authoritative interpretation of the provisions of the Criminal Procedure Law, based on the rules that are binding on judicial practice, but also attaches great importance to the difficult issues that have occurred in criminal justice practice. Dr. Yu Haisong tried his best to propose solutions to difficult judicial problems, in order to provide reference for the handling of similar cases in the future.
Law and criminal law in modern society
Written by Armin England and translated by Deng Zhuoxing.
The book consists of 29 essays** by Professor Armin England. These 29 articles** were specially selected by him based on his judgment on the current situation of the development of China's legal circles. The book covers many fields such as legal philosophy, criminal law and criminal procedure law, and is rich in content and well-argued, which shows the author's skill.
The book is divided into four parts, the first part is the philosophy and theory of law, the second part is the basis of criminal law and the general theory of criminal law, the third part is the division of criminal law, and the fourth part is the criminal procedure law. Each part brings together the essence of Professor England's thoughts, which has great reference value for the Chinese legal community.
Never forget (formerly known as "Procuratorial Recommendation No. 1").
Repair the fence and plant chrysanthemums.
"Never Forget" was formerly known as "Procuratorial Suggestion No. 1", and the film and television drama of the same name is in production, so stay tuned.
On October 19, 2018, the Supreme People's Procuratorate issued the first procuratorial recommendation in history to the Ministry of Education of the People's Republic of China, referred to as the "No. 1 Procuratorial Recommendation", in response to the lack of legal education and prevention education for children and students. With this suggestion as the title, this book tells the suspenseful story of the victim being killed from the perspective of a prosecutor; From a sociological perspective, it also observes the love and healing, crime and punishment of the original family, as well as the inspirational success of women, which are reflected by the fate of different characters in the two families of the injured party and the perpetrator. It also promotes the development of storylines through judicial procedures, and conducts legal popularization and education in the form of art.