纽约时报中文网 - 中英对照版-中英中国法学界的良心江平逝世毕生坚定倡导法治

Jiang Ping, a legal scholar who helped lay the foundation for China’s civil code, and whose experiences with political persecution shaped his relentless advocacy for individual rights in the face of state power, died on Dec. 19 in Beijing. He was 92.

为中国民法典奠定基础的法律学者江平于12月10日在北京去世，享年92岁。遭受政治迫害的经历让江平在国家机器面前坚持不懈地倡导个人权利。

His death, in a hospital, was confirmed by the China University of Political Science and Law, where he had served as president and was a longtime professor.

中国政法大学确认了江平在医院去世的消息，江平曾担任该校校长，也是该校的终身教授。

Often called “the conscience of China’s legal world,” Mr. Jiang established himself in the 1980s as a highly regarded teacher and leading scholar, one of four professors who helped oversee the drafting of China’s first civil rights framework. His reputation was cemented during the 1989 pro-democracy protests in Tiananmen Square, when as university president he publicly supported the student protesters.

江平常被誉为“中国法学界的良心”，早在上世纪80年代就已是备受尊重的教授和杰出学者，是参与起草中国首个民权框架的四位教授之一。1989年的天安门民主抗议活动奠定了他的声誉，当时身为大学校长的他公开支持了学生抗议。

After the government quashed the protests and massacred the protesters, Mr. Jiang was removed from the university presidency. But he remained wildly popular on campus. Even after his removal, law students wore T-shirts printed with one of his best-known refrains: “Bow only to the truth.” And his words — “rule of law for the whole world” — are engraved on a stone there.

在政府镇压抗议并屠杀抗议者之后，江平被免去校长职务。但他在校园中仍广受欢迎。即便在被免职后，法律专业的学生依然穿着印有他最著名名言之一的T恤：“只向真理低头。”他说过的“法治天下”也被政法大学刻在了一块石碑之上。

In the preface to his 2010 autobiography, Mr. Jiang outlined two qualities he said were important for Chinese intellectuals: “One is an independent spirit that does not succumb to any political pressure and dares to think independently. The other is a critical spirit,” he wrote. “My only wish is to earnestly inherit these two qualities,” he added.

江平在2010年出版的自传序言中概述了在他看来中国知识分子的两大重要品质：“一个是独立的精神，不屈服任何政治压力，敢于独立思考。一个是批判的精神，”他写道。“我唯一的希望是能切切实实地继受这两个品质，”他还表示。

His moral authority was augmented by his own story. In the 1950s, as a young teacher, he was denounced as anti-Communist after criticizing the government for excessive, top-down bureaucracy and ordered to be “reformed,” as the government called it, through labor. He was not allowed to teach law for two decades. And while working, he was hit by a train, leaving him with a prosthetic leg.

他的道德权威源自于他的人生经历。在上世纪50年代，身为年轻教师的江平因批评政府过度的、自上而下的官僚主义而被打成反革命，并被勒令接受政府所谓的劳动“改造”。此后20年间他被禁止教授法律。劳改期间，他被火车轧断一条腿，后来装上了假肢。

In the 1970s and ’80s, as China began to recover from the chaos of Mao’s rule, Mr. Jiang returned to his quest for reform, taking up teaching and administrative roles at the university and serving as a high-ranking member of China’s legislature and deputy director of its legal committee. In addition to the civil rights framework, he helped craft China’s property law, contract law and company law, as the country moved toward a market economy.

到上世纪七八十年代，随着中国开始从毛泽东统治的动荡中复苏，江平走回了改革之路，在大学担任教学和行政职务，并成为全国人大常委会委员兼法律委员会副主任。除了起草民权框架，江平还在中国迈向市场经济的过程中参与制定了物权法、合同法及公司法。

But it was in the decades after Tiananmen, when he no longer held official or university positions, that he made the most sweeping calls for change. He argued that human rights and constitutional democracy were inseparable from the property and commercial rights he had helped introduce. He signed open letters criticizing censorship. When Beijing mounted a crackdown on hundreds of human rights lawyers in 2015, Mr. Jiang said that all of Chinese society should be concerned with protecting lawyers as watchdogs.

但江平发出的最为彻底的改革呼声还是在天安门事件后他不再担任官方或大学职务的几十年间。他主张人权及宪政民主与财产和商业权利密不可分，而后者正是他帮助引入中国的概念。他在批评审查制度的公开信上署名。2015年，当中央对上百位维权律师进行镇压，江平称全社会都应关注如何保护作为“看门人”的律师。

In recent years, as the rule of law has retreated even further under China’s current leader, Xi Jinping, Mr. Jiang continued lecturing widely.

近年来，中国的法治在现任领导人习近平治下出现进一步倒退，江平则继续到处演讲。

“He was the legal mentor of our era, and the legal mentor of our people,” said He Weifang, a prominent Chinese legal scholar and former student and friend of Mr. Jiang’s.

“他是我们这个时代的法学教师，也是我们这个民族的法学老师，”中国知名法律学者贺卫方说，他曾是江平的学生，也是他的好友。

Jiang Ping was born Jiang Weilian on Dec. 28, 1930, in Dalian, a city in northeastern China. His father, Jiang Huaicheng, worked in a bank, and his mother, Wang Guiying, was a homemaker.

江平本名江伟琏，1930年12月28日出生于东北城市大连。他的父亲江怀澄在银行工作，母亲王桂英是家庭主妇。

He enrolled at Yenching University in Beijing to study journalism but dropped out to work for the Chinese Communist Party, which was recruiting students as it fought the ruling Kuomintang in the Chinese civil war. He changed his name to protect his family.

江平曾在北京的燕京大学学习新闻，但因参加中共组织而辍学，当时正值国共内战，与执政的国民党对抗的共产党在学生中招募人员。为了保护家人，他开始使用化名。

Two years later, in 1951, the new Communist government sent Mr. Jiang, along with a batch of other students, to the Soviet Union; Mr. Jiang was assigned to study law and earned a bachelor’s degree. While there, news emerged of the Soviet leader Nikita Khrushchev’s secret speech denouncing Joseph Stalin’s reign of terror. Mr. Jiang said that was one of his first indications that socialism in name alone did not guarantee freedom from tyranny. He resolved to keep working for freedom upon returning to China.

两年后的1951年，一批学生被新成立的中共政府派往苏联留学，江平也在其中。他受命学习法律，并获得了学士学位。在江平留学期间，苏联领导人赫鲁晓夫发表秘密讲话谴责斯大林恐怖统治的消息传出。江平说，他从那时开始意识到，名义上的社会主义并不能保证免于暴政的自由。他下定决心要在回国后继续为争取自由而奋斗。

But his return in 1956 to teach at the Beijing College of Political Science and Law, later renamed the China University of Political Science and Law, coincided with a campaign to quash criticism of Mao. Mr. Jiang, like many intellectuals, was labeled an enemy of socialism and sent to the suburbs of Beijing for labor. His wife, whom he had married a month earlier, divorced him under political pressure.

但1956年他回国到北京政法学院（后来改名为中国政法大学）任教时，正值为打击毛泽东的批评者而展开的反右运动。和许多知识分子一样，江平被打为社会主义的敌人，被送至北京郊区接受劳改。新婚仅一个月的妻子在政治压力之下与他离婚。

One day, exhausted while dragging steel wires across a railroad, he didn’t hear an oncoming train. His leg was crushed.

在劳改期间的一天，他疲惫地拖着钢丝穿过铁路，没有听到迎面驶来的火车声。他的腿被火车轧断。

In 1978, after the Cultural Revolution — another Mao campaign to consolidate power — the government’s persecution of intellectuals let up. As Beijing sought to rebuild its educational system and re-engage with the outside world, Mr. Jiang returned to teaching law at the university.

1978年，毛泽东为巩固权力发起的另一场运动“文化大革命”已经结束，政府缓和了对知识分子的迫害。随着中央努力重建教育体系并重新与外部世界接触，江平回到大学教授法律。

He lamented the lost decades but was never bitter. “Adversity gave me the ability to meditate and look back, and see things calmly,” he said at his 70th birthday celebration. “There was nothing to believe in blindly anymore.”

江平哀叹过失去的漫长人生，但他从未怨天尤人。“逆境给了我磨难和考验，使我更能以平常心看待一切，”江平在70岁生日的庆祝活动上说。“已经没有什么可迷信的了。”

Mr. Jiang rose quickly after his political rehabilitation. He oversaw the drafting not only of civil and commercial laws, but also of China’s first administrative litigation law, which gave citizens a limited right to sue official agencies for misconduct.

江平在得到政治平反后平步青云。他不仅负责起草了民商法，还起草了中国首部行政诉讼法，赋予了公民起诉官方机构不当行为的有限权利。

In 1988, he was named president of the university. The next spring, protests broke out on Tiananmen Square. Mr. Jiang, fearing bloodshed, sat on the ground at the campus gate despite his bad leg and pleaded with students not to go.

1988年，他出任政法大学校长。次年春天，天安门广场爆发了抗议。江平担心发生流血事件，不顾残腿坐在校园门口的地上恳求学生不要前往。

When the students still went, Mr. Jiang lent his support. Along with nine other university presidents, he signed an open letter urging the government to open a dialogue with the students.

看到学生执意参与，江平伸出援手。他与另外九位大学校长在一封公开信上共同署名，敦促政府与学生进行对话。

After his ouster in 1990, Mr. Jiang stayed on as a professor. A passionate teacher, he once said that he regarded himself more as a legal educator than a scholar.

在1990年被免去校长职务后，江平仍担任教授。他在授课时充满激情，曾评价自己与其说是法学家，不如说是法学教育家。

Even as he established himself as a steadfast voice for reform, he was careful not to cast himself as an antagonist of the party. While some of his star pupils were jailed or blacklisted for their advocacy, Mr. Jiang was still invited to give reports at China’s Supreme Court.

江平虽然身为坚定的改革代言人，但他也谨慎地不让自己站到党的对立面。虽然他的一些得意门生因倡导改革被投入监狱或被列入黑名单，但江平仍被邀请到中国的最高法院做报告。

“Jiang didn’t seek martyrdom and knew how to express his disdain for dictatorship without going to prison,” said Jerome A. Cohen, an emeritus law professor at New York University.

“江平没有选择殉道，他知道如何在表达自己蔑视独裁的同时避免身陷囹圄，”纽约大学名誉法学教授孔杰荣(Jerome A. Cohen)说。

Though he refrained from open confrontation, Mr. Jiang was quick to point out what he saw as the authorities’ inconsistencies and he consistently refused to do anything that betrayed his values.

尽管没有公开对抗，他还是会毫不犹豫地指出当局的反复无常，也从来都没有违背过自己的价值观。

“He didn’t go against his own nature for the sake of his influence, or his bosses, or the propaganda cameras,” said Pu Zhiqiang, a former student who became one of China’s most prominent human rights lawyers.

“他从不为自己的影响力、上级领导或是宣传作秀而违背自己的本性，”江平曾经的学生、后来成为中国最著名维权律师之一的浦志强说道。

Ultimately, he said, Mr. Jiang had maintained a “normal mentality” amid wildly changing circumstances. “But I think in the next generation, there aren’t so many people who can do that.”

浦志强说，不论环境如何剧变，江平心中始终有一个“是非原则”，“而这恰恰是当代很多人做不到的。”

Mr. Jiang’s second wife, Cui Qi, died in July. He is survived by a son, Jiang Bo, and a daughter, Jiang Fan, as well as an older sister, Jiang Weishan, and two grandchildren.

江平的第二任妻子崔琦已于7月逝世。他身后留下了儿子江波、女儿江帆、姐姐江伟珊以及两名孙辈。

Mr. Jiang’s famous optimism began to waver in recent years, as the political environment deteriorated. But he never lost his passion for teaching younger generations about the law’s potential, speaking with students until his final days.

近年来，随着政治环境恶化，江平那标志性的乐观精神开始动摇。但他从未丧失向年轻后辈传授法治精神的热情，直到生命的最后几天，他仍在与学生交流。

“We should have a spirit of tolerance, which is to say to what extent can we compromise with reality?” Mr. Jiang told a Chinese publication in 2009. “Don’t feel bad about compromising. Time will slowly change everything.”

“应该具有容忍的精神，所谓容忍，就是在多大范围内，能够和现实妥协。”江平在2009年向一家中国媒体表示。“不要因为妥协而难过，时间会逐渐改变一切。”