Zhang Qianfan

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Zhang Qianfan

Zhang Qianfan , Chinese 张千帆 (born January 1964 in Nanjing ) is a Chinese lawyer and professor of constitutional law at the Law School of Beijing University . Since 2004 he has also been Vice President of the Constitutional Society in China and since 2009 Vice President of the Beijing Constitutional Society.

Zhang Qianfan is one of the most important representatives of constitutionalism in China , which advocates political and legal reform. He is the author or editor of over 30 books, more than 160 articles, and 350 commentaries in the fields of constitutional law and political philosophy. His book Introduction to the Constitution 宪法 学 导论 (1st edition 2004) is a standard work in the law faculties in China. His works Human Dignity in Classical Chinese Philosophy (2016) and The Constitution of China: A Contextual Analysis (2012), published in the USA and England, provide for the first time an overview of China's constitutional history up to the present day and the socio-cultural conditions behind it.

Zhang pays particular attention to the urgent cases of ordinary people. He provides moral and legal support for the socially disadvantaged marginalized groups in China. Many of his critical investigations into educational equality, peasant law, national sovereignty and local autonomy, the rural system had a positive impact on society. He is an activist who campaigns for constitutionalism in China and calls for general political and legal reforms.

Live and act

Zhang was born in Nanjing and grew up in Shanghai . He is an alumnus of Nanjing University , where he studied solid state physics . He received a KASBY scholarship from Carnegie Mellon University in Pittsburgh, Pennsylvania, where he received his PhD in biophysics in 1989 . After two years as a postdoctoral fellow , he attended the University of Maryland out of humanistic interests to study law, but dropped out after the first year because he could not afford to attend classes. In 1995 he received a scholarship to the University of Texas at Austin and received his second doctorate in government theory in 1999.

Zhang left the United States, returned to his native China, and taught law at Nanjing University in 1999. He later became a professor of constitutional law at the prestigious Peking University. He is also Deputy Director of the Administrative and Constitutional Law Center of Peking University and Director of the Law School's Convention and Parliament Center. He has also been Vice Chairman of the China Education Improvement Association since 2013.

Research focus

  • Comparative constitutional law
  • Administrative law
  • Judicial system
  • political, moral and legal thoughts in China and in the west

Research stays abroad

  • 2002 Scholar at the Center for Ethics and Public Affairs, University of St. Andrews (British Council)
  • 2003 Scholar at the School of Law, Columbia University
  • 2005, 2006 visiting professor at the Law School of the National University of Singapore
  • 2007 visiting professor at Academia Sinica, Taiwan
  • 2010–2011 Scholar at the Sino-Canada Exchange Program, University of Victoria, Canada
  • 2011–2016 Adjunct Professor at the University of Victoria, Canada
  • 2013–2014 visiting professor at Hokkaido University, Japan
  • 2014 Scholar at the China Law Center, Yale University
  • 2017–2018 Fellow at the Wissenschaftskolleg zu Berlin

Professorships and academic activities in China

  • 2003– Professor at the Law Faculty of Peking University
  • 2004– Second professorship in the Government Administration Faculty of Peking University
  • 2007– Law professor at Beijing Aerospace University
  • 2008– Adjunct Professor at the Law School of Central South University, Changsha
  • 2009– Associate Professor, Faculty of Law and Politics, Shihezi University, Xinjiang
  • 2009– Professor at Nanjing Normal University, China
  • 2012– Visiting Professor at the Faculty of Politics and Law, Communication University of China

Major works (selection)

  • Human dignity in classical chinese philosophy: Confucianism, Mohism, and Daoism . New York: Palgrave Macmillan, 2016. ISBN 978-1-349-70920-5 .
  • Elementary knowledge of constitutionalism (宪政 常识Xianzheng changshi ). Hong Kong: Xianggang chengshi daxue chubanshe, 2016. ISBN 978-962-937-293-4 .
  • Commentary on Constitutional Law (Ed.): Volume 1, 2, 3. Beijing: Zhongguo minzhu fazhi chubanshe, 2015, 2016, 2018. ISBN 978-7-5162-0702-4 , 9787516214053, 9787516217603.
  • Manifesto of constitutional China (宪政 中国 的 命运Xianzheng zhongguo de mingyun ). Hong Kong: Shijie huawen chuban jigou, 2013. ISBN 978-988-97324-5-5 .
  • The Constitution of China: A Contextual Analysis . Oxford [u. a.]: Hart Publishing, 2012. ISBN 978-1-84113-740-7 .
  • Land rights protection of farmers in the process of urbanization (first author) (城市 化 进程 中 的 农民 土地 权利 保障Chengshihua jinchengzhong de nongmin tudi quanli baozhang ). Beijing: Zhongguo minzhu fazhi chubanshe, 2012. ISBN 978-7-5162-0182-4 .
  • Instructions for Constitutional and Human Rights (Ed.) (宪政 与 人权 指南, Xianzheng yu renquan zhinan ). Beijing: Renmin daxue chubanshe, 2012. ISBN 978-7-300-16576-9 .
  • Central Law and Local Law - Another perspective on the legalization of central and local relations (权利 平等 与 地方 差异 - 中央 与 地方 关系 法治 化 的 另 一种 视角Quanlipingdeng yu difangchayi - Zhongyang yu difang guanxi fazhihua de lingzizhong shijiao ) . Beijing: Zhongguo minzhu fazhi chubanshe, 2011. ISBN 978-7-80219-875-3 .
  • Equal Access to University and Equal Rights in the Constitution - Problems in China and International Comparison (Ed.) (大学 招生 与 宪法 平等 - 中国 问题 与 世界 经验Daxue zhaosheng yu xianfa pingdeng ). Nanjing: Yilin chubanshe, 2011. ISBN 978-7-5447-1538-6 .
  • French and German constitutionalism (法国 与 德国宪政 Faguo yu deguo xianzheng ). Beijing: Falü chubanshe, 2011. ISBN 978-7-5118-2623-7 .
  • The trace of the constitution in life (宪 在 - 生活 中 的 宪法 踪迹Shenghuozhong de xianfa zongji ). Beijing: Zhongguo minzhu fazhi chubanshe, 1st edition in 2011, 2nd in 2014. ISBN 978-7-80219-937-8 .
  • The principles of constitutional law (宪政 原理, Xianzheng yuanli ). Beijing: Falü chubanshe, 2011. ISBN 978-7-5118-2355-7 , 7-5118-2355-6.
  • Institutional Safeguards for New Farming (Ed.) (新 农村 建设 的 制度 保障Xinnongcun jianshe de zhidu baozhang ), Law Press, 2007. ISBN 7-5036-7915-8 .
  • Introduction to the constitution (宪法 学 导论Xianfaxue daolun ). Beijing: Falü chubanshe, 1st edition in 2004, 2nd in 2008 and 3rd in 2014. ISBN 978-7-5118-6214-3 .
  • Legal regulation of the market economy (市场 经济 的 法律 调控Shichangjingji de falü tiaokong ). Beijing: Zhongguo fazhi chubanshe, 1998. ISBN 7-80083-416-6 .

Essays and interviews (selection)

  • The third - federal - Republic of China will come at some point ”. Interview by Maximilian Steinbeis. Wissenschaftskolleg zu Berlin (2018). [1]
  • "Guarding against holistic mothodology: a critique of theories on constituent power and general will". In: Peking University law journals (2018: 3). Pp. 347-363.
  • "Establishing Judicial Review in China: Impediments and Prospects". In: Singh, Mahendra Pal (Ed.) (2017): The Indian Yearbook of Comparative Law 2016. Oxford University Press.
  • "Judicial Reform in China: An Overview". In: Garrick, John and Yan Chang Bennett (eds.) (2016): China's Socialist Rule of Law Reform under Xi Jinping. New York: Routledge. Pp. 17-29.
  • "Legalizing Central-Local Relations in China". In: Harding, Andrew and Mark Sidel (Eds.) (2015): Central Local Relations in Asian Constitutional Systems. Oxford: Hard.
  • "How land grabs are made 'constitutional'". In: Carter, Connie and Andrew Harding (Eds.) (2015): Land Grabs in Asia: What Role for the Law? New York: Routledge. Pp. 35-47.
  • "Democracy with the Chinese Characters? The Role of the People's Congresses in China ”. In: Spitzkatz, Marc (Ed.) (2013): Rule of Law: Perspectives from Asia . Singapore: Konrad Adenauer Foundation. Pp. 121-142.
  • "From administrative rule of law to constitutionalism? The changing perspectives of the Chinese public law ". In: Chen, Albert HY and Tom Ginsburg (Eds.) (2013): Public Law in East Asia . Farnham: Ashgate. Pp. 95-123.
  • "Religious Freedom and Its Legal Restrictions in China" (First author). In: 6 BYU Law Review (2011). Pp. 783-818.
  • “A Constitution without Constitutionalism? The Paths of Constitutional Developments in China. ”In: International Journal of Constitutional Law 8.4 (2010). Pp. 950-976.
  • "Humanity or Benevolence? The Interpretation of Confucian Ren and Its Modern Implications ”. In: Yu, Kam por and Julia Tao, Philip J. Ivanhoe (Eds.) (2010): Taking Confucian Ethics Seriously: Contemporary Theories and Applications. Albany, NY: SUNY Press. Pp. 53-72.
  • "Of Comparative Constitutional Monocropping: A Rejoinder to Michael Dowdle". In: 8 International Journal of Constitutional Law (2010). Pp. 985-987.
  • "Chinese Legal Reforms in the Aftermath of the Sun Zhigang Incident". In: 4 Asia Law Review (2007). Pp. 1-39.
  • "Human Dignity in Classical Chinese Philosophy: Reinterpreting Mohism". In: Journal of Chinese Philosophy (2007: 2). Pp. 239-256.
  • "From Administrative Rule of Law to Constitutionalism: The Changing Perspectives of Chinese Public Law". In: 3 Asia Law Review (2006) pp. 47-75. Also in: Sung, Nak-in (ed.) (2005): Constitutionalism and Constitutional Adjudication in Asia. College of Law, Seoul National University and Korean Legislation Research Institute. Pp. 3-32.
  • "The Idea of ​​Human Dignity: A Reconstruction of Confucianism". In: Journal of Chinese Philosophy (2000: 3). Pp. 299-330.
  • "Evolution without Democracy: Toward a Uniform Framework of Analyzing the Success and Failure of Chinese Communism". In: Journal of Chinese Political Science 6 (2) (2001). Pp. 1-42.

Social activities

  • At the end of 2011, Zhang Qianfan published a declaration “The 1911 Revolution and Chinese Constitutionalism” (辛亥革命 与 中国 宪政Xinhai geming yu zhongguo xianzheng ) at Peking University . In this declaration, Zhang Qianfan thoroughly examined and criticized the harmful effects of the dictatorship on the individual personality of the citizens. A year later, an Internet video is widespread inside and outside of China.
  • On December 25, 2012, Zhang Qianfan published “Joint Proposal for Reform” (改革 共识 倡议书Gaige gongshi changyishu ), which was signed by a total of 72 renowned Chinese intellectuals including He Weifang 贺 卫 方 , Xu Jilin, Qi Lieshazhan and Zhang Yihe 章 诒 和 . After that, his Tencent blog was blocked.
  • On December 12, 2013, Zhang Qianfan published the Volunteers Joint Declaration on Educational Justice (公平 志愿者 联合 声明Jiaoyu gongping zhiyuanzhe lianhe shengming ) in support of Xu Zhiyong许志永, on behalf of the volunteers working for educational justice was arrested for campaigning for educational justice and the New Citizens' Movement .

Web links

Individual evidence

  1. 张千帆 : 辛亥革命 与 中国 宪政 (完整 视频) In: youtube.com .