论中华条标传统的话语构建与创造性转化

周东平; 刘安迪

PDF
Cite
Share

facebook

twitter

google

linkedin

August 2025

Article Contents

Citation: ZHOU Dongping and LIU Andi. On the Discourse Construction and Creative Transformation of Headnotes in Traditional Chinese Law[J]. Academic Monthly, 2025, 57(7): 12-18. shu

On the Discourse Construction and Creative Transformation of Headnotes in Traditional Chinese Law

ZHOU Dongping ,
LIU Andi

Abstract

The headnotes had persisted for nearly nine centuries in traditional Chinese law, before their abrupt disappearance after the late Qing legal reforms. It was caused by the wholesale adoption of foreign-especially Japanese and French-statutory structures. Since the abortion, this element of legislation has been absent for over a century. The phenomenon warrants careful examination and deep reflection today. The functions of headnotes, including indexing, naming, ordering, and structuring, still hold referential and practical value for addressing legislative difficulties, unifying judicial application, and advancing legal research and education. Now that conditions for inheriting and innovating headnotes in legislation are in place, we should actively explore how to restore their use, drawing on both domestic and international legislative experience.
- use of headnotes,
- legislative techniques,
- discourse on the rule of law,
- creative transformation,
- borrowings from domestic and foreign laws
References
Access
1. [1]
  YIN Desheng , WANG Han . Optimization-Driven Artificial Intelligence Finance: A Paradigm Shift and Technological Reconfiguration. Academic Monthly, 2026, 58(3): 53-66.
2. [2]
  JIANG Tao , WANG Yu . An Economic Analysis of the Spillover Effects of Artificial General Intelligence Technology. Academic Monthly, 2026, 58(3): 67-76.
3. [3]
  LIN Meimao . What is “World Philosophy” Meant to Do——A Critical Examination of the Exploration of “World Philosophy” in Japanese Academia. Academic Monthly, 2026, 58(3): 22-30.
4. [4]
  WANG Ruosi . Don't know the Law Can Exemption from Criminal Responsibility?——Construction of a Reliance-Protection-Oriented Paradigm for the Theory of Consciousness of Illegality. Academic Monthly, 2026, 58(3): 102-115.

Get Citation

PDF

XML

Entire Issue PDF

Article Metrics

Article views: 3283 Times PDF downloads: 1 Times Cited by: 0 Times

Metrics

PDF Downloads(1)
Abstract views(3283)
HTML views(92)

Latest
Most Read
Most Cited

通讯作者: 陈斌, bchen63@163.com

1.
沈阳化工大学材料科学与工程学院沈阳 110142

On the Discourse Construction and Creative Transformation of Headnotes in Traditional Chinese Law

ZHOU Dongping
LIU Andi

Abstract: The headnotes had persisted for nearly nine centuries in traditional Chinese law, before their abrupt disappearance after the late Qing legal reforms. It was caused by the wholesale adoption of foreign-especially Japanese and French-statutory structures. Since the abortion, this element of legislation has been absent for over a century. The phenomenon warrants careful examination and deep reflection today. The functions of headnotes, including indexing, naming, ordering, and structuring, still hold referential and practical value for addressing legislative difficulties, unifying judicial application, and advancing legal research and education. Now that conditions for inheriting and innovating headnotes in legislation are in place, we should actively explore how to restore their use, drawing on both domestic and international legislative experience.

HTML

Relative (4)

DownLoad: Full-Size Img PowerPoint

Return

On the Discourse Construction and Creative Transformation of Headnotes in Traditional Chinese Law

Abstract

References

Access

Article Metrics

Metrics

通讯作者: 陈斌, bchen63@163.com

On the Discourse Construction and Creative Transformation of Headnotes in Traditional Chinese Law

HTML

目录