"Mr. Tong Rou and Chinese legal education"

 

Speaker.

Zhou Dawei

American legal scholars, RUC Law School Alumni

China Law Institute of the Academy of Social Sciences distinguished research fellow

 

Special guest:

Zhang Xinbao

Professor, tutor of doctoral students of Renmin University of China School of law

Tong Roumin commercial development foundation secretary general, Chinese law of the civil law Secretary

 

Yao Hui

Renmin University of China School of law, civil and commercial law department director, Professor, doctoral tutor

 

Host.

Zhao Xiaogeng

Director of the history of the rule of Law Department of Renmin University of China School of law

Renmin University of China law school history compilation group leader

 

Time: November 12thThursday14:30 -- 16:30

Location: Mingde law building 602 moot court

 

Host: Renmin University of China School of law       Renmin University of China law school Party committee

Host: Renmin University of China Law School  Renmin University of China Law School Students

 

 

Zhao Xiaogeng.Dear students, today we are honored to have very outstanding alumnus Mr. Zhou Dawei to give us a history of oral hospital, the topic is "Mr. Tong Rou and Chinese legal education", welcome.

   

Zhou Dawei.Fellow teachers, fellow students, ladies alumni, very honored to have the opportunity today to once again came to his alma mater, RUC law school own. Thank the host professor Zhao Xiaogeng introduction, thanks to two professors Zhang Xinbao, Yao Hui and the presence of you.

 

National Day period, I was American California. Received a mobile phone text messages to Professor Han Dayuan, he suggested that the appropriate time after the national day I to school to give students a "Department of oral NPC Law School History". I was very happily agreed.

 

Memories of his university, from home to abroad, a total of more than 20 years of experience of reading in primary school, I was the most happy, the happiest time is spent in the Law School of ruc. Today, even though the US spent youth in twentieth Century 80 days have distanced themselves from us. The time for our generation to open the people to a new world, but let us not forget. Mr. Tong Rou is the era of a forerunner and pioneer. The man passed away, Guohuacunshen, tongrou Professor spirit and good-natured character is still gives us inspiration and enlightenment. I think, Mr. Tong soft influence not only people's University School of law, it is not limited to Chinese scholars in civil law, an important part of his influence to contemporary Chinese legal education. His knowledge and spirit although belong to that era, but beyond that age has eternal value.

 

In order to avoid some unnecessary misunderstanding, I still need to explain. I personally do not tongrou professor. Or a student, I always thought, sitting in this classroom is most qualified to tell Mr. tongrou today, and I shall not, Professor Wang Liming. This is not because we are polite, liming tongrou students agreed high and big brother, despite his age is not the greatest. Perhaps this statement have to follow the customs, but if we view these years Mr. liming in aspects of the achievement, is enough to prove this point. I do not pretend to be Tong teacher's "favourite pupil" or students, I in Tong teacher's eyes, or at best only belongs to one can be carved or plastic only. But he is training to Tong teacher and from the team in the way people. If, I today and what relationship China law words, may be just a cool spectator, or is a lonely thinker. (audience laughter) in the words of Liang Huixing teacher, I probably should belong to the China law, specifically the Chinese civil law scholars, "the most distinguished and loyal fancier". (audience laughs)

 

      A Professor Tong soft learning life, I believe, liming, Professor, Professor Zhang Xinbao and Professor Yao Hui will tell you a lot in this building, I can then if they continue, it is in general sense implicate brought Germany philosopher Kant "induction theory" of the enlightenment. I believe in Kant's theory. Kant's theory of induction to tell people, in real life people understanding the way things are related to personal experience and the experience, that is to say, everybody look at the problem and perspective is different, the feeling is different, understanding and views which everyone may be incomplete, even there may be one-sided, so people's cognition can complementary. Kant has been in our country for a long time been criticized as the originator of idealism, in the past we are so angry criticism of this argument is a heinous idealism, today, calm down, in fact, it is a kind of attitude of materialism.

 

So, today I from my personal experience and the experience to talk about how we think of Mr. Tong and China legal education.

 

About three years ago, I wrote an article that there are points on the article, titled "who is Tong soft? ". This article was first published in the civil and commercial law and the law on China China. Later in two parts published in the print media. 1/3 which is published in the March 8, 2007 edition of "Southern Weekend" culture, culture of Southern Weekend editor Mr. Liu Xiaolei took the title of "Mr. Tong Rou and China civil law", the rest part 2/3 and published in 2007 by the end of the "teahouse", jurist. In the "Southern Weekend" was published in 2007, is "the NPC and the CPPCC NPC and CPPCC" period, at that time is the "property law" discusses when, a lot of people's Congress saw. Shortly before a gathering of old classmates, I met Professor Hu Jinguang, he said, have you write a good article, especially the title of the article "who is Tong soft", especially to attract the reader's eye. The article in the network media and print media published, I received letters from many readers all over the country, about 100 letters, most of them are legal professional undergraduates and graduate students, doctoral students, including several. Many people said that after seeing this article only know "who is Tong soft", also some people said that after reading the letter, he could not help the tears away. As the author of this article, this article can cause attention is their expected, but this article later can cause such effect is beyond my contrary to expectation.

 

It is really very interesting, after the death of Professor Tong soft, I have always wanted to write an article recall tongrou's article, but always felt that memory is a very solemn and sacred Mr. things, often pick up the pen to feel very heavy. But really let himself down the busy work, the static under heart to come to this article writing, in fact it is because a small thing accident. The summer of 2006, I am in a American California Berkeley University School of business meetings, met a from Chinese, female students, she was USA "travel", presumably on the side of tourism America, while learning English in the community free adult language school. She told me, she graduated in 1999 from the law school, the school is the original North a famous University of science and engineering. She said most likes in the school is a professional civil law. I talk to her, I was in the people's University School of law in professional is civil law, I also taught law school, my tutor is Chinese civil law circles famous professor Mr. Tong Rou. Did not expect that the girls answer actually surprised me, she said: "who is Tong soft? I have never heard of this man ah "? This unexpected dialogue that I was surprised and sigh, it seems to remind us, just past twentieth Century is rapidly away from us, Mr. Tong soft figure began to drift away from us. I regret that, for many young people today, twentieth Century 80's the influence China historical change brings to the nation and the world's, have been unable to identify. In this rapidly changing era, the true meaning of Tong soft like Professor on the master has been more and more people are strange, even forgotten. I don't know, this is masters of the unfortunate or our misfortunes.

 

Indeed, Tong teacher has left us for almost twenty years, not to mention the general students, even like civil law students on Tong teacher name would have been forgotten. I feel deeply sorry and sad, it was decided to squeeze time to put this article writing. In the process of writing, think of, all is Tong soft teacher shadow and the scene when he and we work together, learning, thinking and Tong teacher together day, think of Tong teachers to my care and education, are so unforgettable. I have an emotional impulse, want to tell those future may ask me again tongrou exactly who is the man, who is Tong soft? I have a desire -- to their own unique perspective and thinking, describe Tong teacher one's voice and expression to the people, cherish the memory of his moral people, sharing his experience and academic thought, and he was facing the confusion of life.

 

Here I briefly describe tongrou teacher resume, because of the time, I can't say to complete. (see the projection screen)

 

"Tong Rou(June 20, 1921 -- September 16, 1990)The people of Beizhen, Liaoning province. He was professor of Renmin University of China law school, Chinese civil professional doctoral tutor.

Tongrou's grandfather Tong Xiting the Shaanxi provincial governor of Changan in the late Qing Dynasty, the early years of the Republic died. Father Tong Jinheng graduated from Peking University Department of mathematics; Tong soft when young, was on the decline, struggling. "September 18" incident, the Northeast occupied, tongrou family to Peiping refuge. Then, by the Peking to Baoding, along with her sister was admitted to the Baoding second senior industry occupation school, two years of study. "Seven seven" after the incident, the family experienced all kinds of hardships, and exiled to the Sichuan Fengjie.

Tong soft to1946He was admitted to the Department of law of Northeastern University Shenyang study.1949At the beginning of the year, was assigned to the Renmin University of China Department of law and diplomacy, to attend graduate school;1950Years9Renmin University of China Department of month to civil law, civil law and the marriage law faculty as China.1973In the spring, law department of Renmin University of China staff transferred to the legal department of Peking University, he still holds China civil law and the marriage law teaching.1978Years after the resumption of Renmin University of China, back to the school engaged in teaching and research work Chinese civil law, civil law and long headed the department work, until his death.

Tongrou professor for more than forty years, have. He has taught undergraduate students have been unable to calculate, training for the school and other colleges and universities of civil law master and doctoral nearly two hundred people; many of them have become the backbone of civil law teaching, research and practical work.

 Tongrou had served as executive director of Chinese: Law, China law civil law and Economic Law Research Association, director general of the State Education Commission Professional Title Evaluation Committee, the Ministry of justice professional title evaluation committee and Social Sciences group. He is also vice chairman of Renmin University of China Degree Committee and the humanities group and the tenth Beijing city law firm of consultants and part-time lawyer".

 

 

Finished tongrou's resume, I also talk about my own experience. In accordance with a habit of saying, my ancestral home is in Jiangsu Wuxi, my childhood life in the south of the Yangtze river. Before the cultural revolution, because the parents work came to Beijing. His primary school, middle school time is spent in Beijing. When I was in primary school, the cultural revolution; graduated from high school into the society, the Cultural Revolution ended. The whole high school, primary school basically spent in a turbulent age. So, I occasionally after 80, after 90 students speak, my own youth wasted a lot of time in social unrest, but some older people, for example, a generation of people in the queue to always warned me, you should be satisfied, you still belong to the "how" of a delay generation basically No. I think, if "basically didn't delay", probably and I later admitted to the University and the University of the legal profession.

 

Professor Zhang Xinbao and I are alumni, we bachelor's degree are Southwest University of Political Science and Law read. In 1979, I served in the navy fleet in Qingdao Beihai at the time, that age to join the army soldier is a so many people yearn for things, we all know that a famous writer Wang Shuo that year is my comrade in arms, past a relationship with Wang Shuo that interesting, I later wrote a long article was collected into their own essays "once upon a time in Beijing". That year, the country has just shortly after the resumption of college entrance examination, there is a special policy, is the active servicemen can participate in local college entrance examination, if admitted to the university campus with the army to go to school. The college entrance examination scores after the release, I found myself scores over the key university admission scores. From a professional point of view, their choice of economic and legal professional. Because the parents' advice and I wanted to return to Beijing's wish, so the five choice in a key university in a column, fill in the economics profession four Beijing schools, fifth choice is free to fill in the Chongqing is located in the Southwest College of political science and law. At the same time, in the first choice of non key university to fill in the "Beijing Institute of political science and law". Because I was belonging to the territory of Shandong examinee, estimate the possibility was admitted to Beijing a few big school is not high. At that time, they think the possibility and was admitted into Beijing Institute of politics and law, the maximum.

 

Did not expect, or fill their last key university volunteer -- Southwest College of political science and law sent me the admission notice. But when I opened the letter after one look, a bit confused, the above said congratulations I pass the school's "top secret" -- one of the criminal reconnaissance professional. But, when I volunteer told I majored in law, nobody told me this has another I don't know "criminal investigation major". I'm not happy. Back in Beijing, I still fall into a kind of pain and loss, puzzle, don't know why so hard to obtain the University, so a result. I almost decided to give up the admission. I assured them, this year I'm going to Chongqing next year, I will certainly do better. Parents feel very sad, they want me to consider, seriously deal with the matter, after all, is after the difficult test access. This is a imprint is engraved on my heart. past. After he became a teacher, I made a promise to myself, in the future if I go to enrollment, feel for others, must not be so irresponsible to treat any examinee. Recently, when I read in the newspaper that some candidates being take another's place by counterfeiting and "drop test" to "read" the news again, really for the students feel heartache.

 

In the depression, I gave Chongqing a long distance call. Remember to phone a female teacher admissions by Southwest College of political science and law. I presented my complaint on the phone, and told the school I have decided to give up the admission. The female teacher attitude told me gently, in that the school to my placement "criminal investigation specialty", is the school by the Ministry of Public Security Commission temporary increase in discipline. If I insist on learning the legal profession, is only possible to find a legal department of the students and I exchanged. She said over the phone, can be admitted to university is not easy, can not easily decided to give up, or the first school for good, to the future problems can be discussed. I followed her advice. I was carrying luggage went to Chongqing, remember to school that day is a rainy day, the campus muddy waters, during the Cultural Revolution destroyed like campus was not a picture of a thousand things wait to be done. The school told me, they already know I want to return to the legal department is firmly determined, officials have expressed understanding. But it was also now can not find a legal department of the students and you exchange. The school is willing to contact and coordination, agreed that I could directly to the legal system of registering for classes. About ten days later, the student science teacher told me, a person is willing to exchange professional and you, this is a from Shandong Ji'nan examinee, named Yang Huanning (audience laughs). In retrospect, indeed some occasional things in life a decisive role in the fate of play, this is not something that illusory twaddle, almost in the brief moment, Yang Tongxue and I from now on the road of life, began to happen a qualitative change. I will then enter the legal profession hall, Yang students after graduation assigned directly to the Ministry of public security, then into the limitless career and future. Some people always make fun of me, if you go to learn criminal originally, maybe I can get a ministerial level cadres dangdang. I laugh, I do not for politics, if in the professional criminal investigation, estimate the present is at best in the public security university as an associate professor (audience laughs). After so many years thinking back on it, I think, life is short. If possible, or try to choose to do the things they like. Wherever you go, this one is roughly be able to withstand heavy battering truth.

 

Then someone said, you and Yang Huanning have such a good fate, should go to look for him! This sentence sounds in my advice, why not use this man to do what his personal life. For example, to do some fishing fishing or fishing fishing goods business (audience laughs). But, to be honest, even though we were on campus relations are very good, but since the two of us in a western after graduation to now 30 years, I have never seen him. Sometimes I wonder, if encountered in the classmate party, everyone can exchange greetings. As the old classmates, if you love this man, don't go to harm others. In any case, try not to give others trouble.

 

When it comes to the spring of 1983, I enter oneself for an examination of Tong soft teacher last year in the university students in. Renmin University of China Department of civil law Tong teacher leadership in national recruit 6 graduate, ownership of 2 strokes, contract research direction for 2, foreign civil and commercial law and the marriage law in all 1 strokes.

 

I remember, there was a "strange questions in the examination of civil law". this question is: "the insurance contract law is conditional behavior" Without careful analysis, at first glance, see the topic, people usually think more to make sure of the answer.

 

Count every minute and second in the examination room, I almost subconsciously using reverse thinking to make judgments, this problem is so out method, which may be hidden hsuanchi. Because, on the surface, all the external form of insurance contract is consistent with the conditions attached to the law. But in fact, the insurance contract is signed in, the contract itself is already in effect. Although the accident is an important part of the contract agreement, but not the contract itself or all. Accident or not, can only decide whether the contract of certain rights and obligations to fulfill it, start does not decide contract legal behavior, and may be the end. In insurance contract signing date, the applicant must be in accordance with the payment of insurance contract, the insured industry should carefully perform the obligations stipulated in the contract. If the accident did not happen within the prescribed period, the contract will be terminated. If the accident occurred in an agreed period, the insurer shall pay compensation according to law. If we use modern popular life insurance contract as an example, the attached conditions are not important, important is its financial appreciation function.

 

For this problem, later found out that, reading in the people's Congress this school students is very advantageous, because the problem tongrou the teacher talked about when to teach people the undergraduate. Our school students can only feel and reason to speculate. It seems, we usually listen carefully and take notes in class and is not without significance (audience laughs). The standard answer true, according to Tong teacher's explanation, but I said above reason, also, the attached conditions attached to the law in the condition of certain is the parties themselves agreed, and the insurance contract is not agreed upon by the parties, but the legal provisions. Look, I was playing a dangerous edge ball, at least I answer is No, this problem is 20 points, I need at least 15 points.

 

Remember that the southwest test people's University of China law professional had 7 people, including Guo Feng and me. After the exam, we almost invariably mentioned this "strange questions". My answer and 6 other people are not the same, and immediately by the students in unison to question candidates. The debate, everyone who also failed to persuade the other party. Even at present the civil law teachers have no comment. Who is right, only to see the final exam results. This is a accounted for 20 of the subject, a wrong thought in passing, may decide the success or failure, so we care about anomalies on it. Remember that Western Civil Law Department of Deng tiandabang just after, he told us all, you don't argue, in a few days, people's University of Tong soft teacher to politics to a workshop class, you will know the answer.

 

For more than 1 months, more than a month after the examination after, out of the people -- tongrou Professor really came. He is to participate in the national civil law teacher training project Southwest College of political science and law. "Dog that fetches will carry.", I am looking forward to the opportunity to ask Tong teacher the answer to this question. As an ordinary students, waiting for the exam results mood is often anxiety.

 

The spring of 1983, at the Southwest University of Political Science and Law (then called Southwest College of political science and law) hosted the national civil law teacher training classes. It is in this training class, law teachers from all over the country, enjoy the tongrou teacher that excellent teaching skills, rigorous logic inference and the solid foundation of civil law. I was a western big four students in the graduating class, have the honor to attend and witness the Tong teacher this scene. In the new China teaching civil law history, it is the milepost sense training class will ceremoniously tongrou teacher pushed to the front, make him become a soul character China civil law educational world. The main planning of the training class is a famous western civil law professor Mr. Jin Ping. Afterwards, many colleagues said, the successful planning of Jinping Mr. science of civil law circles in the future continue to unite the prosperous undeniable. (Zhang Xinbao chimed in: I often spoke of the impact. Tong to my teacher in the workshop)

 

Southwest University of Political Science and Law is located in Chongqing Geleshan, the geographical position of the school is a relatively closed out, looked up and saw the mountains, a walk is the slope. Seldom have famous expert to patronize. University there for four years, if you do not love to talk about it, we can do only one thing, that is to read a Book (audience laughs). So, where graduate students a lot of veteran soldiers and able captains in the specialty. Even today, a master lectures, the students still not enthusiasm. For example, the new treasure the professor to the speech, estimate the hall window will stand with people (the audience).

      

One day, Tong soft teacher after the lecture, Professor Jin Ping specifically introduced me to Tong teacher. In that school Tong teacher hostel room furnishings simple, I Tong and the teacher began the first face-to-face conversation.

 

Remember Tong teacher was in high spirits, mental state is excellent. Tong teacher about his experiences as a young man, the Great Cultural Revolution time and his academic ideas. Conversation, I be very upset asked the exam questions. Tong teacher looked at me, eyes deep, only smiled but did not reply. He let me first say their answer. I finished, Tong teacher smiled and told me: "you are right". You may feel that a, experienced a hard review after the examination candidates to hear this word that feeling. Mr. Tong said the problem was he had read in the Chaoyang University from Japan a legal interest in view of problem sets, purpose is to train students' logical thinking ability.

 

Before the meeting and tongrou Professor, I have carefully read Mr. Tong authored textbooks and papers. Works of Mr. Tong is not much, but each one is concise, dialysis, completely in the extraordinary. From the first time meet and Mr. Tong, I found, he is a clear thinking and good speech, Professor, and is very likely a conversation than the professor. Such people, naturally should belong to the University forum.

 

Soon, the Renmin University of China postgraduate reexamination notice. I need to go to Beijing to participate in the. When I started two days ago one afternoon, a classmate in the dormitory corridor end shouted my name: "Zhou Dawei, your telegram, Beijing telegram"!

 

Is Tong soft teacher sent me the telegram. The message is simple and clear: "this Saturday to retest, speed. Do not mistake. Tong soft." You can communicate instantaneous contact with a mobile phone text messages in today, at the time the fastest is the next day can be received telegram. For Tong teacher such a university professor, this is to spend their own time and expense to the post office to finish things up. It is not difficult to imagine, tongrou teacher for a graduate admission, is how the heart! Looked at the hands of the telegraph, a warm feeling in my heart.

 

Why should I go to retest? It was embarrassing, although I professional course grades are good, but the political subjects I not ideal. The people's University, which may be very serious. So, I must be rushed to Beijing to interview about political subjects. It hardly what difficulty. Retest after the end, I specially went to the people's Congress Park home to visit a tong teacher. Remember Tong teachers sit at home and a black desk, gray hair, while drinking tea, while speak with fervour and assurance. I felt a bit similar, there is a famous black and white pictures of physicist Einstein and Mr. Tong manner.

 

Also, is the second after the end, I return to Chongqing on the sleeper compartment, just and Kaige Chen movie people meet. Because Kaige Chen on the train one sentence I said to China legal scathing remarks, 25 years later, I wrote an essay published in the "teahouse" jurist, we are interested can go to have a look.

 

In July 83, I received an official notice that, as I set the Professional Title Research direction. I feel this research direction a little disorder at. We of this generation and today's students if there are some different things, is probably the school have had some work experience, or the experience of life, to make some choices about many things like. After coming to Beijing, I when Tong teacher put forward their ideas, directly tell Tong teacher whether can change the direction of research. Tong teacher did not directly answer, he asked me to talk about the reasons. I was told: "things are not easy to study the ownership, because ownership and ownership together. Now housing, land is a "boss", is the surname of the Communist Party, did not enter the circulation link. Only when the property belonging to different owners, under the equal conditions can flow switching, it has the significance of the study of civil law". I and Wang Liming discussed this issue, I think he had put a lot of effort to study the problem of the state-owned enterprise ownership, may get. Because this thing not jurists to solve the problem, the law is relatively stable relative lag. Economists call this things clear, then turn to lawyers to do. Maybe my words to Tong teacher heart, he listens to me laugh. He said, to tell you the truth! The professional direction of subdivision for no other purpose, just want to recruit several graduate students. If you just write for civil law, the above is only let us recruit 2, now we ownership direction recruit two, contract directional recruit two, foreign civil and commercial law and the marriage law of each one, this is six. Now the civil law is lack of qualified personnel, more than 1 is 1. But you came and want to learn what, you decide.

 

So I actually motivated people graduate school, and not to the study on the system of ownership. About second years began to really focus on a new form of contract a technology contract called "". At that time Chinese began to engage in reform of system of science and technology, the technology contract is a new thing. Remember me to investigate this topic, research at the State Science and Technology Commission building in 1 and a half years, do not pay a penny, like civil servants like work, which were invited to participate in the drafting of "contract law of the PRC". Now I feel, then read a master's and PhD now hard almost, Sunday that week seven, learning a foreign language, learn capital, writing papers, actual survey. Time, a lot of time. The last NPC alumni reunion Ren Jisheng teacher said, he in the maritime law research, in order to write a thesis, ran away to Shanghai port while two years. Today, this phenomenon will not appear. This camp opportunities rarely. In the era of change, the last set of don't necessarily appropriate. But this learning mental state is still adhere to and summary.

 

Many people today would have a sigh, from the university after enrollment, graduate student number is astonishing, but I'm afraid there is no a mentor like Mr. Tong to recruit a student fee so much brains, spend so much energy. Today in the campus, teachers and students had passed, a passer-by scenario has not surprising. Our university to recruit a lot of graduate students, doctoral students, there are many officials and entrepreneurs in the read on-the-job postgraduate, and senior officials in many countries, in the master's and doctoral students, Graduate students. Enrollment structure is so complex and chaotic, how to ensure the quality of teaching? I saw a very interesting phenomenon, I meet a ministerial level cadres in Europe at an airport and domestic institutions abroad. Wait at the airport is the home of PhD students, he said officials for that is his doctoral tutor, to not see at home, he was on vacation abroad, take this opportunity to see in overseas. This kind of situation is deeply confused. Therefore, I think, Mr. Tong soft is not just an ordinary university professor, but also a full of ideals and enthusiasm of the educator. This may be today we have some teachers or mentors and tongrou's generation great distinction, one reason may be the missing teacher occupation spirit. This is very sad.

 

I from 1983 to 1986 at the people's University graduate students, in 1986 to 89 years during the study of law in the people's University Office, the director is Professor Wang Yiying, Professor Han Dayuan at that time and this is my colleagues. In the work of the NPC and the study in this period of time, I have more opportunities to participate in academic conferences, textbooks in Tong teacher side, in the enterprise as a legal adviser, lectures and so on. At that time, the house has no telephone, no mobile phone. I in the past 2 years, served as a special messenger between tongrou teacher and teacher Wang Baoshu. The tree was China teacher to civil law and economic law of the Secretary general. I live at Muxidi, Wang Baoshu teacher lives near the union building, close. Every time you want to send a letter to the Tong teacher. Because of the convenience of work, I have a close look at Tong teacher's life and academic activities, I can talk about some real story using your own experience.

 

Mr. Tong Rou is a professor of commoner typical indifferent to fame and wealth. My new teacher, miss Yao Hui, Bao year have been to his house many times. Is the dormitory's static Hospital of the 4 floor, living care teachers and teacher Long Yifei. His house is three room pattern, no hall. His study and bedroom. The desk is full of books and newspapers and periodicals. Sometimes after students went, even put a stool did not. Often the teacher often sat on the bed. We sat opposite him, another two students had to stand. (Zhang Xinbao chimed in: if the living conditions of the words, Tong teacher at that time, may also not too bad.)

 

Of course, Wang Baoshu teacher conditions should be hard. The main difficulty Tong teacher is that he is a few children and he live together, the three generations under one roof, Tong also not married, but Tong soft teacher's daughter and son-in-law live there, and a grandson. So it is very crowded.

 

I want to tell you a few stories.

 

Remember that in the autumn of 1985, Tong teacher let me go to a political and law cadres training courses about civil law course and he. Remember it is Wang Liming to speak, he was too busy at that time, put me up. Place in a hall of Beijing the southern suburbs of Fengtai party school. Tong teacher general part, tell me the specific part. In accordance with the then an unwritten rule, lecture fees regardless of professor or lecturer, all is the hour by five yuan one calculation. Training classes of people think Tong teacher so much fame Professor, should look after, quietly for Tong teacher calculated two hours of lecture fees. When I put the lecture fees bring Tong teacher, he found more than ten yuan. He laughed and told me: "they pay me ten dollars. You tomorrow to class for me back to the people. In our civil law rules, this is called unjust enrichment. Then, improper part shall immediately return". Tong teacher said these words, he is very funny, really is the civil law with the. Remember me at that time also and sitting on the bed, mending clothes often make fun of the teacher said: "Tong non teacher let me take this ten dollars back, you have no"? Often the teacher's eyes a bright, immediately crisply replied: "what is this thing you hesitate! Whether they are intentionally or unintentionally, many have returned to the people!

 

At the beginning of 1988, I and tongrou teachers went to Dalian attended by Chinese Law Association of Liaoning province and co sponsored the "manager legal status of state-owned enterprises". Remember is the host Chinese society of civil law and economic law, Mr. Wang Baoshu presided over the meeting. During the meeting, specially invited several key state-owned enterprises in Liaoning province responsible person to come on. At that time, tongrou teacher is the protagonist of the seminar, during the meeting is very busy. Somebody puts forward, from A to Z tongrou teachers may not participate in the local entrepreneurs forum, half-way to exit to another. But Tong soft teachers firmly opposed this approach. Remember he was very seriously said: "don't fit to do so. Family Entrepreneurs in his busy schedule to participate in discussion, is our commitment to invite. In the words of our civil law, this is a bilateral civil behavior, we should pay attention to equality and sincerity. You respect others, others will respect you".

 

Tong teacher home population, is be worthy of the name of the three generations under one roof. The house is too crowded. Every time I go to Tong teacher home, see often wind teacher would sit in bed, even more on the stool have no place. However, no matter what time shall we go Tong teacher home, no matter how busy home at that time, Tong teacher couple have no complaints. I almost never listen to Tong teacher complained house crowded things in front of us. We students can't see past, have adopted different way to reflect the housing Tong teacher home from school. I remember a time when Tong teacher in the campus's daughter, I asked what her family housing, she said, father has recently wrote a letter to the school, but received no reply, we are still waiting for news.

One summer I in the field, the mother asked the office of an old colleague on the way to give Tong teacher to send a academic information. The old colleagues mother is over fifty years old, claiming it is for the first time he entered a university professor's house, he was active and full of curiosity. When he saw the teacher home crowded housing Tong state, after very carefully and said to my mother: "I did not expect! A university professor home how could this be? Your son will graduate, I think is best not to teach, or to the state organs when cadres!" words full of sincerity, as if afraid I will fall into a wrong path like.

 

Dressed in Chinese style clothes, wearing a cap with a forward peaked cap, tar cigarettes smoked a dark, is Tong soft teacher to the typical characteristics of you leave. (Zhang Xinbao chimed in: Tiantan cigar 2 wool 6 a box.) Once he returned to Beijing from Shenzhen, told us an anecdote: in Shenzhen, the National People's Congress alumni Xu Jiandeng hospitality Tong teacher, for they had arranged for staying in a luxury hotel. But in the entrance of the hotel, the guard his dress is simple, actually does not allow him. The doorman said: "he that lesbians have in front of, is my love. We were a couple. You even she let go, how can not let me in?" Said Tong teacher side, while a hearty laugh, some complained nor. The teacher often sit beside also said with a smile: "is, even I can smoothly go, don't let Tong Rou in. How absurd.

 

I went to people's University Graduate School 83 years, Tong teacher is associate professor, also is not a professor, and sometimes go outside the lecture, others to the "Vice" is often omitted, he is still very serious corrections people say, I am not associate professor, professor. (Zhang Xinbao chimed in: at the time of the professor is less. The professor is before the Cultural Revolution rating. Wang Jiafu was deputy researcher). I remember a girl Yu Muhua was working in the civil law department repeatedly to Tong teacher said, you don't be too serious, why every time you correct?

 

These little things I remember. I have a little feeling, is in Tong soft teacher left us 20 years later today, or in the more and more people don't get 10 yuan of money when the money today; in many titles became more and more cheap today; the people more and more busy one thing not done do one thing today; or when people in high places and Zhang San shakes hands with eyes had looked at Li Si today. We Is it right? Can slightly slow down, such as review and miss the elder Mr. Tong Rou, to cherish the memory of his learning and life, I think it is very necessary to. This is a point I, and share.

 

The following, according to my own research and induction ability, I put the tongrou teacher outstanding academic achievements in summary, Yao and Professor Zhang Xinbao and my views are not necessarily identical. I think, tongrou teacher can be summed up in a significant contribution to civil law study made: two important academic point of view, an important legislative work. Two important academic point of view, a click on the commodity economy: touch the pulse of the civil law. The second is the great controversy between lead and economic law. An important legislation is in "general principles of the civil law" of the legislative work.

 

In China such a specific environment, tongrou teacher first proposed to adjust the object of civil law is the commodity economy. In the past a very long period of time, people mention the adjustment object, civil law would say, it is in the adjustment of a certain range of property relations and personal non property relations. But this argument can not meet the specific quality requirements, so Mr. Tong from the thoughts and experience of his own to make some conclusions. This is of special significance for today. The Soviet Union has a well-known experts in civil law called the hard gold. Buladouxi civil law course, we had in the library have borrowed this person. Tong teacher academic point of view should be said by the person, so it is called Tong teacher is "Chinese hard gold Bula Doshi".

 

Today we may be some students will put forward a question, when we read of the civil law, Is it right? Need to spend time teaching object of civil law in this chapter? Because in many developed countries, including Taiwan, Hongkong are not on this issue to spend a lot of time, we have the necessary Is it right? Today?

 

The way I see it, there is a history of the development process problems. However, we must not forget, Mr. Tong was pondering when object of civil law, our country has not yet today so open, the social environment is not so easy. What is the civil law, civil law is what? For most Chinese also very strange. So we say, the nature of civil law is private law, it faced a lot of obstacles. Because the teacher of the revolution Lenin resolute and decisive said a word, do not recognize the law of socialism. I understand, Mr. tongrou actually tend to civil law is a private law concept, but for understandable reasons, cannot give. But with the development of reform and opening-up, the economics profession has put forward the concept of the commodity economy, Mr. Tong soft are thinking, and thinking gradually mature and perfect. In the early days of reform of our country system, in the planned economy dominated case, put forward and adhere to this view is in need of some academic courage.

 

Today, when we look at Tong teacher works, papers and views, we can more easily with a critical eye found had some limitation of the view, but we must take this thing in 30 years ago, have such thoughts at that time, should belong to having foresight. In this case, we see from the Tong Tong teacher textbook, teacher found and put forward extremely scientific proposition, the civil law is the specific historical period of goods and services, it must be restricted by the specific history of commodity economy. Our civil law is not long-term development, because without highly developed commodity economy, without highly developed commodity economy, there would be no development of civil law.

 

Not after the developed commodity economy, any country can not enter the modernization. It has been proved by the history and experience of the world, this is the ladder of social evolution cannot span. I appreciate this sentence, this is a thesis tongrou Mr. Fang Liufang and the teacher wrote in the words, "if the tumor as a criminal operation knife sharp edged to the society, so the civil law can be used as solid Ben Peiyuan medicine, to maintain social balance, promote the healthy development of society". Mr. Tong Rou is on the object of civil law point of view, we still benefit. (to be continued)

 

(to help organize / Hao Sicong)