Collected Works of Zhang Qitai

Name: Collected Works of Zhang Qitai
ISBN: 9787100204446

张企泰 / Liu YingThe Commercial Press · ChinaOct 2022

3.6

Word count: 551K words
Chapters: 56
ISBN: 9787100204446

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Summary

As part of the Tongji Law Pioneers' Writings series, a collaborative project between our press and Tongji University Law School, The Collected Works of Zhang Qitai brings together more than 40 writings—approximately 300,000 Chinese characters—by Mr. Zhang Qitai, a professor at Tongji University Law School and a renowned modern Chinese jurist. Born in 1907 in Haiyan, Zhejiang (the year of his death remains unverified), Mr. Zhang was a distinguished jurist in modern China. He graduated from the Department of Political Science at Tsinghua University in 1929, then studied in Europe, earning a doctorate in law from the University of Paris and serving as a research fellow at the law faculties of the Universities of Bonn and Berlin. After returning to China, he taught successively at National Central University, National Southwestern Associated University (Peking University), Soochow University, Fudan University, and Tongji University, where he was a professor in the Department of Law.

Editor's review

Part of The Commercial Press's Chinese Modern Academic Classics series, The Collected Works of Zhang Qitai gathers representative scholarship by the renowned Chinese jurist Zhang Qitai. One of the founders of modern Chinese civil law, Zhang took part in drafting landmark legislation including the General Principles of Civil Law of the People's Republic of China, and his ideas deeply shaped the construction of the civil law system in New China. This volume systematically organizes his academic papers, lecture notes, and important legal opinions, covering general principles of civil law, property rights, obligations, family and succession, and other fields, with particularly original insights on private international law. Reading this book not only traces the scholarly origins of Chinese civil law and the doctrinal foundations behind many legal principles, but also shows how a leading jurist of a particular historical period responded, with rigorous scholarship, to social change and the demands of the rule of law. His discussion is plain yet profound and tightly reasoned; even for non-specialist readers, it is an important window onto the modernization of Chinese legal thought.

Who it's for

A good fit for

Students and researchers of law, especially in civil and commercial law and private international law
Readers interested in Chinese legal history and the history of modern and contemporary academic thought
Legislators, judges, lawyers, and other legal professionals seeking to deepen their theoretical grounding
Collectors of, or systematic readers of, The Commercial Press's Chinese Modern Academic Classics series

Not a good fit for

Casual readers seeking light storytelling or popular legal writing
Practitioners looking for up-to-date interpretations of legal provisions or practical case analysis

Reading tips

Begin with the preface or publisher's note to understand the compilation background and selection principles and to grasp the overall framework.
Read alongside the history of Chinese civil law, situating Zhang Qitai's arguments in their specific historical and scholarly context.
For highly specialized essays, there is no need to read everything at once; select and closely read topics according to your interests or research needs.

About the publisher

The Commercial Press China · Founded in 1897

The Commercial Press is a publisher known for classic works and academic publishing, with titles spanning Eastern philosophy, foreign literature, world history, social culture, and applied psychology. Its list includes classical commentaries such as Zhu Xi's Collected Commentaries on the Analects and Wang Bi's Commentary on the Zhouyi, as well as modern annotated translations like Zhuangzi with Modern Notes and Translation. In foreign literature it offers War and Peace and Crime and Punishment, while in world history it carries Braudel's The Mediterranean and the Mediterranean World in the Age of Philip II. Applied psychology is represented by Irvin D. Yalom's Existential Psychotherapy, and ethical texts include a Greek-Chinese-English edition of the Nicomachean Ethics. Its authors and translators include Zhu Xi, Wang Bi, Yalom, Braudel, and translators such as Huang Zheng, Zhang Yiling, Shen Dongyu, and Tang Jialong, balancing the editing of original texts with academic translation.

版权信息
总序
凡例
中国民法物权论
序
绪论
本论
中国民事诉讼法论
自序
绪论
第一编总论
第二编第一审程序
第三编上诉审及抗告程序
第四编裁判之确定及其废除
第五编特种诉讼程序
论文
中国领事裁判权问题
连带债务立法之演变及趋向
法律行为中之意思学说及意思表示学说
两种不同的债的观念
新德意志立法原则
法国法中之非婚结合
法人之产生、解散及其能力范围
约定违约金之比较研究——法德瑞英法律中之违约金及中国《民法》之规定
中国《民法》及《票据法》的德文译本
保安处分与新刑法修正案初稿
未来之德国刑法（分则）
未来之德国刑法
调解制度之比较研究
债权与留置物之牵连关系
各国之民事特别法院
物权变动立法主义之比较
德国之种族法理学
近代国家中法官之地位
抗战期中之法官与法律
抗战建国与法治
审级制度改革问题
过去培养法律人才的失败
今后培养法律人才的办法
修正《民事诉讼法》的几点意见
整饬法界风纪
司法人才之培植问题
替法律辩护
中国的法律科学
今后管辖在华外人之办法与中国司法
对于今后民法的一点意见
近代民事立法的沿革——从《拿破仑法典》说到德国《民法》
论典权之法律上性质及典物之回赎期间
最高法院二二年上字二一号判例评
司法院卅二年院字第二四八八号解释评
条约与法律
国际私法中外国公司的问题
《民事诉讼法》修正条文述评
司法行政部顾问庞德（R. Pound）法律教育第一次报告书
评有限公司立法之得失
编后记

FAQ

Is the content of this book outdated?

The book mainly collects Zhang Qitai's scholarship from the early to mid-twentieth century, and some specific legal provisions and institutional contexts have since changed. Yet its core legal principles, research methods, and scholarly ideas retain irreplaceable classic value for understanding the foundations and evolution of Chinese civil law, and are not outdated.

Can readers without a legal background understand it?

Some specialized essays require a basic grounding in law. But the author writes clearly and argues in an orderly way, and as an academic collection the book also includes lecture notes that outline the broad framework. Non-specialist readers with a strong interest in the humanities and social sciences can read it as an introduction to the origins of modern Chinese legal thought, without needing to grasp every technical detail.

How does this book relate to Zhang Qitai's translation of the French Civil Code?

Zhang Qitai was also an important translator of the Chinese edition of the French Civil Code. This book is a collection of his own academic writings, presenting his personal scholarly views and research findings; the translation is his contribution to introducing foreign legal systems. The two reflect his distinct achievements in original scholarship and in translating classics, and can be read together.

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About the author

张企泰 Author

Zhang Qitai is an author about whom limited public information is available; his biography, nationality, and dates of birth and death are not clearly recorded. Two of his works are currently held in the collection, namely The Philosophy of Law and The Collected Works of Zhang Qitai, both commonly classified under law. Judging from their subjects, his writing touches on the philosophy of law and concerns the philosophical foundations and theoretical questions behind law, placing it at the intersection of legal studies and philosophy. The Collected Works of Zhang Qitai brings together his writings in a personal anthology, though the specific contents and background of the book remain to be examined. Because verifiable information about his life is so scarce, a complete assessment of his intellectual development and writing style is difficult; the available works suggest only that his interests centered on legal theory. Readers seeking to learn more about the author and his writings will need to rely on the original books and on public information disclosed in the future.

Liu Ying Author · China

Liu Ying is an author of books on psychology and family education who advocates an approach to parenting that engages children's inner feelings. She has worked at a well-known psychology research institute in Beijing and for media outlets such as China Early Education Network and Modern Education, and has nearly ten years of experience in psychological research. Her writing centers on family education and child psychology; she is the author of more than ten bestselling parenting books, including A Perfect Early Education Plan for Babies from 0 to 3, Positive Discipline: The Psychology of Children's Behavior, and What's Wrong with My Youth, which emphasize practical methods drawn from everyday parent-child interaction. The library holds 23 of her works, which, beyond parenting titles, also span essays, world classics, foreign literature, and social culture; representative titles include Summer in the Sierra, A Week on the Concord and Merrimack Rivers, Chinese Art (Oxford History of Art series), Cuore (The Heart of a Boy), Emergent Evolution, The Blue Bird, and An Introduction to German Literature. Public information about the details of her life is limited.