论中华条标传统的话语构建与创造性转化

周东平; 刘安迪

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August 2025

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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
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1. [1]
  ZHANG Tu . Basic Justice Demand: The Conceptual Condition of the Rule of Law. Academic Monthly, 2025, 57(7): 117-128.
2. [2]
  WANG Yishuai . Reclaiming the Participatory Rights of the Public——An Analytical Framework of Holistic Collaborative Democracy for Public Legislative Participation in Mega-city. Academic Monthly, 2025, 57(7): 102-116.
3. [3]
  LUO Biliang . Leviathan: From Agriculture to Artificial Intelligence——Techno-Political Economy and Reflections on the Continuity of Human Civilization. Academic Monthly, 2025, 57(7): 52-66.
4. [4]
  GAN Shaoping . Naturalness and Autonomy: The Differentiation of Ethical Norm Generation. Academic Monthly, 2025, 57(7): 19-30.
5. [5]
  YAO Dali . Multiculturalism and the Multiplicity of Chinese Civilization. Academic Monthly, 2025, 57(7): 5-11.

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通讯作者: 陈斌, bchen63@163.com

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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.

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

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通讯作者: 陈斌, bchen63@163.com

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

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