Document Sample
Reprinted Powered By Docstoc
The fate of the legal elite and the rule of law Sorrow


● Southern Weekend
Southern Weekly article is of "forgotten 30 years of legal elite"
that "they neglected costs" that "we in the
Heritance" record set of three articles, a few words to change. The
author's 10,000 Jingbo Wu Chenguang Xie Chunlei

Forgotten 30 years of legal elite

The fate of a group of old intellectuals rough enough to make us wary: some
neglected to pay the price make the whole community

A dictionary leads to a group of elderly

This is a history of China's largest English-Chinese Dictionary of
Anglo-American law, 460 million words, the income has reached more than 45,000
entries, was published in Japan, "Common Law Dictionary" 3

Dictionary of the final proofs have been completed. In the absence of government
support, no financial assistance, no flowers and applause, not even regular office
where, two generations of scholars are set out in obscurity in the summer and winter
experienced the agony and sweat of nine for, finally approaching the end.

An evaluation of the Ministry of Justice Secretary, said: "This is a strange
thing, a dictionary of national authority, but by a group of non-functional and not
entitled to old-school compilation of money and they did the entire administration of
justice, education system, but do not want to do something. "

The back of this book, a group of elderly people almost been forgotten.

It is the name of some loud, some years ago in 1949 has been a senior legal authority
legend ---

Sheng Zhen is, Doctor of Law, Northwestern University, Soochow University School
of Law, former Chancellor and Dean;
Zhou Mu Dan, University of Leuven, Belgium in 1934, Doctor of Law;
Lu Jun, Harvard University, 1933 Doctor of Law;
Wang Ming-yang, France 1953 Doctor of Law, University of Paris;
Cai Jin, Soochow University, LL.B., 1933;
Xu Mori, Soochow University, LL.B., 1934;
Lu Shengzu, Soochow University, LL.B., 1934;
Xu open villa, Soochow University, LL.B., 1940;
WANG Yu-hua, Indiana University, 1949 Doctor of Law;
Yu Weiyi, Soochow University, LL.B., 1944;
Max KWOK at Soochow University, LL.B., 1946;
Chung-Cheng Chen, Soochow University, LL.B., 1947;
Zhou Chengwen, Soochow University, LL.B., 1944;
Gao Wenbin, Soochow University, LL.B., 1945;
... ... This line can also be listed in a very long list, they are almost all graduates of
Soochow University School of Law.

Soochow University School of Law, founded in Shanghai in 1915, is professor of
Chinese law in the only system in addition to teaching English and American Law
Institute, School of Law, the most famous one of old China.

From the 1930s to the 1990s, the International Court of Justice, a total of over six
Chinese judges, from Wellington Koo begin until the 1997 United Nations
International Criminal Tribunal for the Former Yugoslavia Haopei Li, Soochow Law
School professors are graduates.

The school boasts of a history of most worth in 1946: Tokyo trial procedures adopted
in common law, as could not find a suitable candidate, the then KMT government
anxious, and finally, Chiang Kai-shek named dignitaries from Soochow University,
The result is --- go to the Far East Military Tribunal for the Chinese judges,
prosecutors, consultants and others, almost all from the school.

However, these 20th Century and Farmers law experts can contribute the best out of
people, "after 1949, they left in the mainland, are doing almost nothing to
do with the law: English teachers, or laborers - - The teachers and students, and the
relationship between Soochow Law School has become a sin. in 1957
'Anti-Rightist Movement' and the 'Cultural
Revolution', many alumni of persecution. "(quote
from" Modern Chinese Culture home --- Soochow Law School Law
", p. 293, Kang Yaxin a)

These engaging educated talents so that they rest of his life like? How they and their
families through the tumultuous years?

Their old age

As the dictionary compiled reason, China University of Political Science has 30 times
Xue wave to Shanghai to visit these elderly people.
Zhou Mu Dan over ninety, was present jurisprudence as the "Dictionary of
Roman living." Recommended by Hu in 1929, study of Belgium, a 1949
doctoral degree by the University of Leuven, Belgium, one of five Chinese. Not long

Commercial Press published "Century Library" series, authors
are Wang Guowei, Hu Shi, Chen Yinke other famous Chinese Academic history is,
while Dan is a series of wood in the only one alive.

A law that everyone, Xue Bo did not think of how he actually lived in that kind of
environment: 282 Nanchang Road, Shanghai, a dilapidated two small buildings.
Corridor dark, dilapidated wooden floor, go to the creaking, the corner is full of spider

Zhou Mu Dan lived on the second floor of a dozen square meters of the house. A
black and white television, a single-door refrigerator, Zhou Mu Dan is all valuable

The mid-1950s, is the work of the Supreme Court of South West Branch of the week
Dan Wood, suddenly was sent in Qinghai Normal University Library. Since then,
thousands of miles away from home where Shanghai, Zhou Mu Dan spent 20 years
living near lamp in yellow paper. Until 1980, Zhou Mu Dan into the Anhui University.
Great work in the security until retirement 10 years later, because no house, Zhou Mu
Dan had to return to Shanghai.

Today, Mr. Zhou Mudan Anhui daughter has moved back home because of mobility
has been wheelchair and Shanghai not seen the sun year-round home to her family
only realized in the aspirations of the sun indoors.

Mr. Boshi Lu Jun, Harvard home appliances is the only Department of palm-size fans,
12 dollars for the. More than 90-year-old Lu Jun, lost one eye, wearing a worn
envelope paste living side glasses, curled up in the quilt. Sick, afraid to go to the
hospital, also could not afford medicine. Who would have thought, the long lean
elderly bedridden, actually is until death, "Harvard Law
Review," have sent him Yangkan each university who, in China the only
one of several Harvard Doctor of Law, the former Central University dean.

Another face of Soochow University in 1944, obtained Bachelor of Law of the old
people, Xue Bo found: five of his jacket buttons, even not the same.

Perhaps, in the 1930s worked Zhejiang and Shanghai, the SAR District Court, after
1957, taught at the School of Mr. Cai Jin Xiang Yang Shanghai, is the most miserable
evening scene one. He and son lived together, a small room, behind the bamboo
screen, a bed board, a thin quilt, this is his bedroom, back room stay grandsons and
daughter-Sun.   An    old     milk          cans,     Cai     Jin     containing      all
"precious" items.

Cai Jin seriously ill after living in Shanghai, Nanjing West Road, a community
hospital. Shanghai Academy of Social Sciences, if not for a clear head, it is difficult
staying. Even so, he can only be placed in a closed balcony inside.

Lay Dying, Xue Bo to the hospital to see him, witnessed an unforgettable scene: Mr.
Cai corner balcony lying alone, while the other corner, just a carer's resting

When the "Common Law Dictionary" near the end of the
compilation work, Cai Jin passing away. Accompanied by Mr Choi to enter another
world, in addition to his Bachelor of Law at Soochow University in 1933, the
certificate, there is his personal ranking of the "Anglo-American Law
Dictionary," manuscript, 49 pages, gently placed inside his coffin.

Is destined to change

In Shanghai, Nanjing, Hangzhou, Xue Bo visited dozens of Soochow University,
almost everyone has a look back the past unbearable.

Sheng Zhen as the Soochow University, the first Chinese School of Law dean and
later chief, His books, "Evidence Law", "common
law trial system" and so on. After being labeled as
"counter-revolutionary" and sentenced to 10 years in labor
camps in Gansu, after intercession by the Soong Ching Ling, six years before being
released. To the 1980s, vindicated.

Gao Wenbin, 81-year-old translation of the International Military Tribunal had
Renyuan Dong, China Prosecutor secretary, when he was the information from the
voluminous evidence identified, will Dohihara Kenji, Itagaki Seishiro two of the
original may be sent to the war criminals to escape culpability on the gallows. After
1952, Mr. Gao has been labeled as "counter-revolutionary", in
the Poyang Lake dam repair, a repair that is 28 years, dozens of times every pole, too
tired to even the morning of the attack stage a gong could not hear. The early 1980s
were rehabilitated, the authorities give him compensation for the loss, he said:
"the best time of my life, can be used up the money back?"
Finally he did not want to.

Yu Weiyi, the Japanese occupation of Shanghai, he buried scholarship to continue
studying for a master degree, the post-war lawyer and legal education, after 1949, due
to the students at the Tokyo trial to stay in U.S. military bases in Japan to work in the
previous political movement was fighting, once can not save his life.
Zhou Chengwen, Huzhou in 1969 after the country returned to his home village of
instruments to do. The late 1980s, was recruited to teach at the University in
Hangzhou, Zhejiang Province as the drafting of legal documents involving foreign
experts, "written in English, just as newspapers printed the
same." Families had long lived in unity, the shared kitchen bathroom, Only
seven or eight square meters per room.

WANG Yu-hua, Indiana University, Doctor of Law, non-staple food retail outlet in the
street for a number of years until the 1980s, only to Nanjing University to teach.

Open Shu Xu, professor of Soochow University after the war, in 1979, he was not
prepared by the Shanghai Academy of Social Sciences as freelance researchers, legal
reconstruction of the Shanghai deep thinking. Died in 1999, some people can --- he
became a secondary school teacher for 30 years.

"They are innocent." In October 2002 one day early, in the
China University of Politics among small dictionary that editorial, the
"Prince" and other classics of the translators --- China
University of Political Science Professor, Mr. Pan Handian reporters said. He is 81
years old, is also a graduate of Soochow University, the few lucky in legal education,
he contacted the Soviet Union because of the earlier law, but fortunately survived the

Mr. Ban spoke with emotion and he's even tears, for his teachers and those
suffering Alumni.
They neglected the cost of

With the deepening of China's foreign relations, common law re-education,
attention, these battered people of Soochow University was again only use. But the
average age of more than 70 survivors of Soochow. Education in the common law
was artificially cut off for 30 years, China in this regard lack successors. There is not
the right person for the future of international judges from office? Chinese Embassy
in The Hague before the International Court of Justice, Mr. Ni Zheng Dzeo worried.

"Anglo-American method too weak"

In 1993, Xue Bo is China University of Political Science graduate student, and one
day in the search data, he and his classmates suddenly discovered: there's
no one for domestic Chinese and English "common law

It actually hit a crucial: the modern common law of our country is too weak.
"A thousand years of history with American law, civil law is one of the
parallel world of the Two Schools." Accept "Southern
Weekend" interview, Doctor of Law, Stanford University, Chinese
Ambassador to The Hague before the International Court of Justice imposed on
Austria, said Ni, "It is widely used in the United States, Britain and
Australia, Commonwealth countries, plus Hong Kong. Currently, the use of the
United Nations International Court of Justice based on common law judicial
procedure; the same basic rules of international trade in accordance with common
law." "Because China has no Common Law Dictionary, we
have translated a lot of things wrong. "

China University of Political Science Professor Pan Handian use an example to
illustrate a complete and authoritative English dictionary of legal importance: Asylum
--- --- a world of political asylum common legal terms, he was us to the right of abode,
and written into the Constitution, a mistake 30 years, from 1954 -1,975 -1 978 years
to 1982, the last, three constitutional amendment, have not found the wrong
translation. To be corrected when the 1985 constitutional amendment.

According to reports, the Sino-US WTO negotiations repeatedly stalled, with both
sides is the concept of using two words have a lot to. In practice, because there is no
strict translation of Anglo-American legal vocabulary words on the leading Chinese
language lessons, as not unusual.

The mid-1990s has been one incident, a domestic bank to dozens of the United States
opened the bill, named for the problem, the United States can receive up to 10 billion
U.S. dollars. This is anxious about China: proficient in English and American law, and
English is also a good lawyer in China, where? Finally, Gao Zongze lawyer (when he
became president of Bar Association) expeditions and dignity that ultimately fail in
their mission to restore the losses for China. However, funds to handle cases as high
as RMB nine digits.

Xue wave their work is beginning in this context. Dictionary of how to compile? No
one experiences, trial and error. Initially, China University of Political Science in
certain quarters, from 8 am to midnight, dozens of young law who fought for two
years, some preliminary results, and finally did come out hard, but show it with strong
Anglo-American law that support of senior scholars saw --- almost all can win.

This is not their personal problems, the common law tradition of education in the
artificially cut off a few years later, to reconnect the blood culture of this law, can do

Xue Bo learned from a chance: a group of Soochow University Law School senior
still living today in Shanghai, the most appropriate reviewers found it!
Rigorous and spiritual power

5 years later, Xue wave is still clearly remember the first time visit them old
people's scenarios: in Mr. Lu Jun of that little room, the Lo sit up trembling,
leaned in the old cane chair, Xue Bo said: " Whatever the reason, people
may forget you, now indeed forget you. "hearing the elderly have been
severely weakened, XUE Bo only Bangui to the ground, and fell in his ear
said," but you not only have profound of knowledge, you still a symbol of
an era of academic heights, please be sure to participate in our work. "

Twilight of an old quietly listening, turbidity in the outflow of tears from the eyes,
"I promise you."

In the East China area, Xue Bo old man were found 14 to participate,
"Common Law Dictionary," the editorial work, in addition to
the above mentioned, there is the promised sum (union supervisors Shanghai Bar
1930, after the liberation of secondary school teachers has been for the industry),
Chiang one level (1979 years ago, Xinhua Bookstore clerk, in the 1980s became the
East China University of Foreign Languages Head of Department) ... ...

Reviewers for the elderly, the average age of 84 years, this is the last of the sacrifice
their lives.

Old people with very strict attitude toward research into the work. An example was
cited as an example Xue wave are: only the ranking of a term ---
UnitedStatesofAmericaLaw (USA and France), Mr. Lu Shengzu wrote on its more
than 2,000 words, up to 6 pages of notes. The results, nearly 90-year-olds got brain
cramps, to be hospitalized.

Mr. Zhou Mudan high degree of shaking hands, has been unable to input your words.
He then commissioned the 80-year-old wife --- 1930 Bachelor of Economics, will be
corrected in the manuscript 11 transcriptions.

For revision of a term, Mr. Lu Jun old man go home to another discussion, in the
presence of surface waves Xue, two elderly people even began to argue fiercely.

Mr. Wang Yuhua eyesight has been bad, have to rely on natural light to see the
manuscript. However, there is no balcony in his house, each manuscript must be to
her home 8 miles away.

And Mr. Pan Handian 48 hours before surgery, urine bag was still hanging reviewer.

What makes these the oldest old old man, excluding utilitarian into this business? The
vast majority of them in terms of dictionary publishing Ye Hao, not worth mentioning,
have a "lonely funeral," even though this world may be famous,
but also have nothing to do with them.

"No Why, I should dry. I, as a professor of comparative law, China has
such a thing, I must do." Mr. Pan Handian told reporters.

Mr. Pan bereaved mother in the war, died, leaving his two sentences: "You
want to be a beneficial to society, to speak up for the Chinese people worthy of your

Mr. Pan to promote the modernization of Chinese law and legal system for the
purpose, is committed to introducing contemporary foreign law, to join the
Anglo-American law dictionary that is the end of the work. He said:
"Others, I have nothing much to say."

Almost no signature required

Xue left wave is a rich spiritual heritage.

He repeatedly brought to the old people's first meeting in Shanghai in the
scene, it was in 1997, a dozen elderly people gathered at Soochow Huaihai Road
Shanghai Academy of Social Sciences in a small room, in May in Shanghai has been
very hot, and meeting rooms not air-conditioned room Mende to death, old people are
very lively discussion. After the meeting, Xue Bo find a good point of restaurant, life
and death of old people do not agree, "very good, and very
good," and everybody said so, and finally entered the fast food shop, one
of a lunch box, 10 money, old people are eating something delicious.

Almost no one requested a signed, even though they know that this will be a legacy of
unnamed cause, "Do not signed, so when I was young." Mr. Pan
Handian and Xue wave to see Mr. Lu Jun, the Lo La with both hands repeatedly told,
not only that, even 600 have donated the cost of editing Lo editorial.

They bear in mind the motto of Soochow University: to support universal goodness,
perfect the ages.

Who recognize the value of their

In the past 30 years has been controlled, the exiled life, almost every old's
heart was deeply hurt.

In addition to valuable time, be deprived of, but their talents and wisdom. Scholars to
study and think for the industry, but they were forced to stop learning and thinking for
nearly 30 years. Xue Bo have been to many an elderly person's home,
where almost all the elderly could not see the book, then, is not there, but now is
money to buy. Reviewers sometimes a word or even go to open-shelf bookstore
access. "What I am not able to convince them, but their lives were buried
too long, they feel, their scholarship will be lost with the decline of the body, they can
not refuse the call of life!"

Old people's devotion, sing the song of life paean. "They are
people who are real people, need to honor, dignity and recognition." Xue
Bo said, "The twilight of the elderly for their hard work is in response to
their heart throb."

Mr. Lu Jun's death, at the funeral, his daughter again and again thanks to
Bo Xue: "Thank you, my father the value of life, has been recognized by

Xue Bo on many occasions to the nursing home to visit Mr. Cai Jin, "Every
time I see him, he is very happy, his face a kind of childlike emerged smiling, ever
want to talk, he looked into my eyes, unmistakably told me: he very much hoped to
have learned his dedication to the community, I am glad he's there value to
others. "

However, few people concerned about the twilight of the elderly. Xue Bo have seen
pictures of his youth, a suit, handsome face, a handsome boy who's
dancing. Who would have thought his evening scene could be so miserable.

Not all elderly people have accepted Xue, Soochow wave invitation. 1 Yale University,
Master of Law, University of Paris in 1941 received a doctorate on the elderly were
refused with the letter: "I am blind in one eye, can not read, and for so
many years not to pursue law."

Xue Bo also met some of his difficult to understand the phenomenon. 1 Switch to the
expertise of the elderly themselves, and even the suffering, all clean forgot, Xue Bo
said: "The more calm her, the more we reflect, the more I feel that our poor,
what power can make a person complete turn, all traces of the past life are erased, is
not leaving? "

In addition to being involved in them, but their families.

Mr. Cai Jin's four children, except one in Shanghai and the rest are in
Xinjiang, Guizhou and other places, there is no specific Xue Bo asked, it is
conceivable that, as the "old legal system personnel," the
children, their fate would better to Where to go?

Xue wave has time to see one old man, the old man's granddaughter just
presence, she was very upset, "You came to my grandfather, if he Leibing,
and who cares?" "Yes ah!" Xue Bo also thought ,
"to help find the old gentleman, but also no money to give, finished
shooting ass go, really Leibing, and we doing?"

Mr. Lu Jun has three children, his daughter is a professor of Music, retired nearly 10
years, has been attended to his father, a day can not leave, "I was engaged
in the arts," she privately Xue Bo grumbled. Xue Bo would like for a long
time, and then replied: "You This is responsible for the country."
Swipe the tears flowed, she nodded: "I was thinking."

Regret and concern

In recent decades, American law education in China has been left out, until
China's accession to the WTO, only to find the problem.

As early as 1957, Hafoboshi, Soochow University School of Law Dean Yang
Zhaolong on the end of the "Wen Wei Po" published an article
that: "too much emphasis on the political nature of the law and basic
neglect of its specialized and scientific; the outside of the ' old law origin
'of very low estimate, that they can not or difficult transformation to the
new socially useful legal personnel; do not trust outside of the legal talent, not a free
hand to use them. "

With the cancellation of Soochow University in 1952, Anglo-American law education
in China was interrupted.

People deplore the fact that libraries, as early as the end of 1935, Soochow Law
School Library already has reached more than 20,000 books law books, was praised
as "the best law libraries of the Far East." Even in the
Anti-Japanese War, these books are also students who transfer to hide, but later in
1952, the library was destroyed. Those books never fully collected.

To the 1980s, with the deepening of China's foreign relations, common law
re-education, attention, these battered people of Soochow University was again only
use. 1990 Hong Kong's original review of the English statute law, on all
completed by the survivors of these Soochow. Their average age is over 80.

Education in the common law was artificially cut off for 30 years, our expertise in this
area lack successors. I wonder, are there any suitable job as an international judge in
China before the International Court of Justice in The Hague on Ni Zheng Austria,
and his classmate Mr. Li Haopei Soochow have this concern, in 1984, Mr. Ni to the
Hague International Court of Justice has 79 years of age when assuming office in
1993, Li Haopei inauguration even reached 88 years old, have reached 91 years old
when they leave.

"We Inheritance"

As the "Dictionary of American law," the official in charge, Xue
Bo China University of Political Science in Building 3, Room 323, spent nearly 10
years, the ten-square-meter room, both editorial board, office and a conference room
and reception room, often still Xue waves bedroom. People say, "decade of
sword", but almost ten years later, dictionaries have not yet published.

Nearly a decade, Xue wave through almost all imaginable and unimaginable

No money, not to mention royalties, only buy original book was required for foreign
spent hundreds of thousands. Most are short of money, the phones can not afford a.
He has filled the world looking for assistance from a number of domestic research
institutions, law firms, large and small companies, to foreign foundations, wealthy, in
order to save postage, with letters sent abroad, and then out of the country should by
friends Send.

This is a difficult and trivial undertaking. He who is almost all the necessary
"duties", if that position is if, from the planning, editor in chief,
to the total contact, the debtor, the office secretary, accounting, data copying staff,
phone operator, on duty, transport drivers - - just to bring the draft revision Shanghai
to Soochow old people, Xue Bo dozens of times to and from between Beijing and
Shanghai. 5 years, light suitcase loaded to send the manuscript on several bad drag.

Most to participants feeling that the impetuous current domestic academia, and the
neglect of basic research. Currently teaching at the China Agricultural University
lecturers to participate in this car mine for 6 years, he said: "such a
time-consuming project for many years, pay and reward is a serious disorder. But
today, some leaders prefer short, flat, fast out performance. Similarly, nowadays no
one is willing to spend that energy on popular scholars to when the dictionary editor.
work is too basic, and professional titles useless, not even academic works.

And the corresponding standard contribution fee is very low. Now even ordinary
Chinese to English royalties, have reached 200-300 per thousand words, the law
should be a higher class, which the dictionary is still only a thousand words 20. Book,
4.6 million words, hundreds of first-rate legal persons 8 years of work, only worth
220,000 yuan royalties.

Similarly, there are some official agencies and officials of the culture of indifference.
In the past 10 years, the Government should take the basis of the cultural construction
projects, did not receive any official funding. China University of Politics and Jiang
Ping, former president has repeatedly requested the departments concerned to support
handwritten letter, but the result is this: "Our funds are limited, if given the
money, a lot of bad relations coordination."

As the need for rigorous scrutiny of the Bill, the dictionary publishing cycle to
postpone again and again, however, a university vice president actually said:
"What book should be compiled 7 years?" The vice president
did not know, apart from Japan's "Common Law Dictionary
", the United States sponsored by the Mellon Foundation, the University of
Michigan organized compilation of the" Middle English Dictionary
", spent 70 years at a cost 22 million U.S. dollars to complete before
publication. After the publication of the long-lived in the Middle Ages in the context
of law makers, almost impossible to adapt to modern life.

Guanshan heavy. Want to change a person, may have given up. However, Xue wave
view, these difficulties have nothing, "is our own to bear,"
"and Soochow than the elderly, I have been very good, and I still enjoy the

Over the years they, Xue Bo 39 years old, still all alone, individuals have debt
400,000 yuan.

Support him to do so in the end is what?

His own statement is: "This is the fate of a person can only do what he

Then worked with partners already star clouds scattered, separate ways, only he was
still stuck to their original choice. Then suddenly colleagues abroad, and not thought
at all get together before you go, in front of our face, Xue Bo cried, he felt that:
"friendship, as if about to be betrayed ideals!"

Xue Bo clearly understand that in today to do the things they want great difficulty,
although some pessimistic, some gray tone, but when look for a goal, never give up.
He wanted complete dictionary is compiled, you go overseas, but then he thought,
"Why should I go?"

Xue Bo is lucky, he not only found the Soochow elderly, also encountered a number
of like-minded teachers and friends, they are: Huang Feng, Fang Liufang, Hejia Hong,
Yong Zhu, Jin Haijun name ... ... such as a long string of .

"If money, old people must be asked to buy a good point in the Shanghai
house." This is the wave Xue desire, but until now, the old
people's peer review fees still owed.