Featured image of post Some Thoughts on Studying Civil Law for the Judicial Exam

Some Thoughts on Studying Civil Law for the Judicial Exam

In recent years, students preparing for the judicial exam have come to regard Professor Li Jianwei as the leading authority in the field of civil law, and I am no exception. However, this does not prevent me from voicing some complaints now.

First and foremost is the issue of study materials. Since the new textbooks have not yet been released, I had to resort to purchasing a pirated copy of the 2009 Wan Guo textbook as a substitute. Upon careful examination, I found the book (60 Lectures on Civil Law) to be excessively verbose and complicated. Although there are many eloquent passages, I simply cannot muster the interest to read the entire book, which exceeds 600 pages, making it the longest in the series.

The profundity and breadth of civil law are beyond what we can grasp through mere judicial exam preparation. To truly appreciate the grandeur of civil law, one might need to pursue further advanced studies. Therefore, the book attempts to explain theories in plain language, but the results are far from satisfactory, at least based on my initial impression from skimming the first few chapters.

When the book becomes difficult to read and the legal provisions even more cumbersome, perhaps the only option is to switch to listening to lectures. So, I dug out the recordings of Li Renyu from the Three-School Famous Teachers series on my computer. It’s not that I don’t want to listen to Li Jianwei’s lectures, but the audio quality of those recordings is simply not up to par. I estimate that after going through a whole series, my hearing would be significantly impaired.

Many issues in civil law still require the aid of legal theory to explain. For instance, during today’s lecture by Li Renyu, although his Mandarin is quite ordinary and his speech rather slow, it did not hinder my learning as a student with only a faint impression of the material. By the end of the evening, I felt quite confident about many civil law issues covered in the first few chapters. This is largely due to Li Renyu’s approach of using case studies or directly explaining legal principles to dissect certain difficult and easily misunderstood concepts.

For example, why is it considered tort liability when someone is persuaded to drink at home and ends up needing medical attention?

Because this is the social guidance and evaluative function of civil law at work. Civil law does not encourage such unhealthy social behaviors as pressuring others to drink.

Then why is it also considered tort liability when a friend insists on drinking at your home and ends up needing medical attention?

Because the most important aspect of Chinese culture is the emphasis on the right to life (in contrast to the Western culture that values freedom above all else, as expressed in the saying, “Life is precious, but love is more valuable. For the sake of freedom, both can be sacrificed”). Although the friend’s insistence on drinking is a personal choice, the disregard for his right to life is also a cause of tort liability.

These two explanations are spot-on. After hearing them, I felt the same way as when Professor Liu Xianquan from East China University of Political Science and Law explained the concept of “criminal object” to undergraduates: “After my analysis of this concept, you should remember it for life!” Otherwise, merely relying on the relevant legal provisions listed in other books might help you choose the correct answer temporarily, but it’s easy to forget afterward.

The right to life and the right to freedom are also worth pondering. According to individual or mainstream societal views, Chinese people are not afraid of death. So why do Chinese people place such importance on the right to life? In fact, I now think that Chinese people are indeed somewhat afraid of death. The times when they are not afraid of death are mostly because living is more painful than dying, as in times of chaos when human life is as cheap as grass. But once society becomes relatively stable, fear of death is the norm for most people.

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