Prof. Che Hao of Peking University Law School on the experience and methodology of legal research
 
Release time : 2023-12-14         Viewed : 10

At 9:30 a.m. on November 23, 2023, Prof. Che Hao, Distinguished Professor of Cheung Kong Scholar Award Program of the Ministry of Education, Vice Dean of Peking University School of Law and Associate Editor-in-Chief of Chinese and Foreign Law, came to our school for academic exchanges, and more than 40 young teachers and doctoral students of the school took part in the symposium. The symposium was hosted by Prof. Ouyang Benqi, Dean of Law School.

At the beginning of the symposium, Prof. Ouyang Benqi expressed his warm welcome to Prof. Che Hao and gave a brief introduction to Prof. Che Hao. Afterwards, Prof. Che Hao shared his personal views on the questions raised by the students and teachers in the audience, combining with his own experience.

First of all, Prof. Chehao believed that dissertation writing should avoid self-centeredness, learn to think differently, and try to consider the reader's feelings when writing, so as to make one's work easier to be understood by the readers. As for doctoral students, they need to strengthen their reading accumulation, pay attention to their personal academic accumulation, and develop an academic independent personality. Prof. Che Hao also briefly introduced part of the reform of Peking University's permanent appointment system. 15 external expert opinions are required for the application of Peking University's title evaluation, which provide a fairer evaluation of the academic level of the reviewer through multiple dimensions. This system establishes a good peer evaluation standard, which has some reference value.

Regarding the study of criminal law theory, Prof. Che Hao pointed out that China's criminal law had faced the problem of low theoretical level, but in the past two decades, the theory of criminal law doctrine from Germany and Japan was introduced into the country, so that the discipline of criminal law was able to gain a foothold within the Commonwealth of Jurisprudence. Considering the national conditions of China, the development of China's criminal law should not be limited by German and Japanese criminal law theories and lose its own subjectivity. Tulgan believes that a certain number of people will produce social division of labor, criminal law is the same, because China has a large number of criminal law researchers, so that China's criminal law prosperity and rapid development and catch up with other countries and regions. Can learn from the Japanese criminal law gradually independent development experience, out of China's independent criminal law road. As for the problem of academic criticism, Prof. Che Hao believes that scholars should maintain a certain degree of independence, criticism, questioning is the duty of scholars, the basic spirit of scientific research is the freedom of scientific research, without questioning, criticism, there will be no academic achievements.

On the selection of thesis topics, Prof. Che Hao believes that it is difficult to innovate by conducting academic research only within the system, and that sparks can only be generated between heterogeneous things, and that the knowledge of other disciplines is an important source of academic inspiration, but the crossover between criminal law and emerging technologies needs to be cautious. The modesty of criminal law lies not only in legislation and justice, but also in academic research. In the early stage of the development of things, it is difficult to see the pros and cons of things, many things that are harshly cracked down at the beginning may promote the development of society, and many things that are encouraged at the beginning become resistance to the development of society afterward, and it is often difficult to conclude whether the criminal law is worthwhile to protect a certain interest in a short period of time, which is exactly the case with the issue of the field of new and emerging technologies. Academic research cannot stand the test of time and history if it is attached to the most fickle things. Therefore, it is inappropriate for criminal law scholarship to follow hotspots too closely. On the issue of judicial disclosure, Prof. Che Hao believes that judicial disclosure is of great help to academic research, but in recent years judicial disclosure has been restricted, and it may be difficult to carry out research on big data and big samples in the future.

Finally, Prof. Ouyang Benqi summarized the main contents of this symposium and expressed his gratitude to Prof. Che Hao, whose wonderful sharing inspired the teachers and students, and this symposium was successfully concluded with warm applause from the teachers and students.


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