摘要
基于对中国留德法学博士学位论文的考察,可以简要回顾改革开放四十年来中国法科学生留学德国的基本情况。四十年来,中国法科学生留德数量不断增加,在攻读博士学位的专业分布以及博士论文的选题方面有一定的规律可循,并且一定程度上存在就读学校集中以及博士论文指导教师集中的现象。中国留德法学博士是中德法学学术交流的重要使者,其研究成果以德语发表,惠及德语区读者;其归国后若从事学术研究,亦有机会将其研究成果通过中文出版物传播,对于中国相关法学学科视野的拓展、知识的丰富都起到了一定的推动作用。对于中国留学生在德攻读法学博士学位期间以及归国后重新融入国内学术圈所面临的困难的反思表明,有必要从个人与国家两个层面深入思考如何更好地利用留学德国的契机,培养中国的法律人才,并使之归国后更好地发挥才能。
This paper undertakes a survey on the Ph.D.theses written by Chinese students at German universities to give a brief review of the overall situation of Chinese students receiving legal education in Germany since the implementation of reform and opening-up policy in China.In the last four decades,the number of Chinese students in Germany has been steadily increasing.In addition,certain patterns have emerged concerning the distribution of the fields and topics of law covered by their Ph.D.theses.Furthermore,this paper identifies the trend of concentration of universities and supervisors chosen by Chinese Ph.D.candidates.Chinese lawyers holding German Ph.D.degree in law are important messengers in the exchange between Chinese and German law circles.On the one hand,their research findings are originally published in German and have contributed to the enrichment of German-speaking readers,and on the other hand,they may also be disseminated in Chinese if these Chinese students pursue an academic career upon returning to China.In the latter case,the research of Chinese returnees serves to a certain degree to promote the broadening of horizons as well as the development of knowledge in the fields of Chinese law involved.The reflections on the difficulties faced by Chinese students in completing their Ph.D.degrees and in reintegrating themselves into the domestic academic circle after returning to China illustrates the need to explore in more depth the possibility of improving the value of studying law in Germany both at the individual level and at the state level.This exploration may help to train Chinese legal talents for the future and to enable them to fully develop their abilities.
出处
《法学研究》
CSSCI
北大核心
2019年第2期3-22,共20页
Chinese Journal of Law
关键词
留学德国
法学博士学位论文
德国法
法教义学
留学国别主义
studying in Germany as foreign students
Ph.D.theses in law
German law
legal dogmatics
biased affinity towards the foreign country in which one has studied
