科研之友
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摘要
Legal transfer is a critical part of China's intellectual history of legal education. Beginning in the late nineteenth century, waves of young ambitious Chinese students embarked on arduous journeys to the Western countries to obtain modern legal education, particularly in the area of public international law. One such prominent Chinese legal scholar is Zhu Qiwu, who received his public international law education at the Graduate School of National Central University in Chongqing and the Oxford University Faculty of Law in the 1940s. This article seeks to use Zhu as an example of this dynamic legal transfer process, and examines his educational background both in China and in the UK. In the process, this paper will also explore the resulting network of exchange of legal thoughts formed amongst Zhu and his teachers, Wang Tieya, Huang Zhengming and Humphrey Waldock. In particular, it will reveal how an early article of Wang had planted the seed of a research topic pertaining to the relationship between treaty and municipal laws in Zhu's mind during his days at the National Central University, which Zhu then took to Oxford and painstakingly watered to fruition in the form of his Oxford doctoral dissertation in 1949. Zhu's doctoral dissertation made significant contribution to the body of Chinese legal scholarship in that era, but it was never published. This paper thus takes this opportunity to bring to light its main structure and contents.
- 出版日期2018
- 单位复旦大学
