German
obituaries notices will often include a few sentences about the life
and personality of the deceased. There are two different forms for
this: one uses the third person to speak about the deceased (“He
has played a decisive role in shaping our company for over 30
years.”), while the other, more personal form uses the second
person (“As a child, you saw your parents' house in ruins.”).
When I began to write down my memories of my colleague Professor Fang
Liufang, I found it easier to use the second person.
德國的訃告通常會用幾句話來描述逝者的生平和性格。訃告有兩種寫法：一種是用第三人稱來描述逝者（“三十年來，他在我們公司發揮著決定性的作用和影響”），另一種更富私人色彩的寫法是用第二人稱（“小時候，你看著父母的房子坍塌成一片瓦礫”）。當我開始追憶我的同事方流芳教授時，第二人稱更為自然的流出筆端。
YALIPUB
方流芳教授與本文作者高美蓮女士合照（2009-5-11）（張笑滔供圖）
我的同事方流芳
文｜Ninon Colneric(尼農·科爾內裡克)
中文名：高美蓮
翻譯
｜李雨潼
來源｜雅理讀書
注：高美蓮女士1948年出生於德國北菜茵-威斯特法倫州，慕尼黑大學法學博士。先後擔任德國奧登堡市勞動仲裁法院法官以及德國石勒蘇益格-荷爾施泰因州勞動仲裁法院院長；並曾擔任德國不萊梅大學教授和法蘭克福大學客座教授，主要研究領域為歐洲勞動法，長期講授勞動法、法律社會學。2000至2006年由德國政府推薦，任歐盟法院大法官（Judge of European Court of Justice），成為德國曆史上第一位女性歐盟法院法官；2008至2012年任中國政法大學中歐法學院首任歐方聯席院長。
2025年1月9日是方流芳老師去世一週年，中美法律評論轉發此文紀念。
obituaries notices will often include a few sentences about the life
and personality of the deceased. There are two different forms for
this: one uses the third person to speak about the deceased (“He
has played a decisive role in shaping our company for over 30
years.”), while the other, more personal form uses the second
person (“As a child, you saw your parents' house in ruins.”).
When I began to write down my memories of my colleague Professor Fang
Liufang, I found it easier to use the second person.
方流芳教授與本文作者高美蓮女士合照（2009-5-11）（張笑滔供圖）
我的同事方流芳
翻譯
｜李雨潼
My
dear colleague,
dear colleague,
I
must admit that I was shocked when I learned that you passed away on
9 January 2024. I cannot remember you ever being ill while we were
working together. You were so energetic and vibrant. Even in very
stressful times, you often played table tennis during your lunch
break. A Chinese friend of mine, the writer Cheng Wei, informed me of
your death. Her mother’s family comes from Wuxi, and you are even
distantly related. She also told me about the notice your family put
on Weibo. She said it was difficult to translate but, in essence, you
did not want flowers, no interviews about you, no conservation of
your ashes, etc. So, it seems you just wanted to disappear without
leaving a trace. This made me even sadder because it sounded so
depressed. I had never seen any signs of depression in you. You were
such a positive personality.
must admit that I was shocked when I learned that you passed away on
9 January 2024. I cannot remember you ever being ill while we were
working together. You were so energetic and vibrant. Even in very
stressful times, you often played table tennis during your lunch
break. A Chinese friend of mine, the writer Cheng Wei, informed me of
your death. Her mother’s family comes from Wuxi, and you are even
distantly related. She also told me about the notice your family put
on Weibo. She said it was difficult to translate but, in essence, you
did not want flowers, no interviews about you, no conservation of
your ashes, etc. So, it seems you just wanted to disappear without
leaving a trace. This made me even sadder because it sounded so
depressed. I had never seen any signs of depression in you. You were
such a positive personality.
我親愛的同事：
我必須得說，當我得知你在2024年1月9日去世時十分震驚。我不記得我們一起工作的時候你生過任何疾病。那時你總是精力充沛，充滿活力，即使面對極大的壓力，你也樂於在午間休息時打乒乓球。你離世的訊息是我的一位作家朋友程瑋告訴我的。她母親一輩祖籍無錫，和你是遠親關係。她還告訴我你的家人在微博上發了訃告。她說那篇遺言很難翻譯，但大意是說你囑咐不辦追悼會、不做關於你的訪談、不保留骨灰等。所以，似乎你只想飄然離去，不留痕跡。這聽起來如此決絕，讓我更感悲傷。之前，我從未在你身上看到過一點悲情的樣子，你生性總是那麼的樂觀積極。
I
want to respect your last wish, but it is simply not possible to
forget you. It is impossible not just for me. Cheng Wei wrote to me
that, on 15 January, already 1517 people had signed the Weibo message
about your death to express their condolences and sorrow. I promise
not to give a speech about you or to write an obituary. Besides, I
wouldn’t even be able to write a proper obituary because my little
bit of Chinese was not sufficient to read your legal writings in
Chinese. That was really a pity. I saw that you were a highly
esteemed scholar.
want to respect your last wish, but it is simply not possible to
forget you. It is impossible not just for me. Cheng Wei wrote to me
that, on 15 January, already 1517 people had signed the Weibo message
about your death to express their condolences and sorrow. I promise
not to give a speech about you or to write an obituary. Besides, I
wouldn’t even be able to write a proper obituary because my little
bit of Chinese was not sufficient to read your legal writings in
Chinese. That was really a pity. I saw that you were a highly
esteemed scholar.
我想尊重你的遺願，但顯而易見，忘掉你是不可能的，而且並不只有我一個人忘不掉你。程瑋在1月15日發郵件/寫信告訴我已經有1517人在微博的訃告下面評論，表達了他們的哀思和悲痛。我承諾不發表對你的評論，也不發訃告。況且我目前僅有的中文水平尚不足以讀懂你用中文寫就的法律著述，因此也無法寫出一篇合適的訃告。至憾！在我眼中，你是一位備受尊崇的學者。
方流芳教授 / 高美蓮教授 供圖，照片攝於2018年2月
We
were the very first Co-Deans of the China-EU Law School (CESL) at the
China University of Political Science and Law. There was a hearing at
the Ministry of Education before CESL received authorization to
operate. They were very sceptical about the idea of two Co-Deans. But
we convinced them that it was possible to run a law school that way.
We were so happy when we could finally start! You sent the good news
that the school had been authorised to Hamburg and added, “Now
let’s take care of our newborn baby!”
were the very first Co-Deans of the China-EU Law School (CESL) at the
China University of Political Science and Law. There was a hearing at
the Ministry of Education before CESL received authorization to
operate. They were very sceptical about the idea of two Co-Deans. But
we convinced them that it was possible to run a law school that way.
We were so happy when we could finally start! You sent the good news
that the school had been authorised to Hamburg and added, “Now
let’s take care of our newborn baby!”
我們是中國政法大學中歐法學院的首任聯席院長。在中歐法學院得到設立許可之前教育部曾舉辦過一次聽證會，有關人士非常懷疑設立兩個院長的做法，但我們一起說服他們這樣運營法學院是可行的。我們得到設立許可後的喜悅之情溢於言表！你給我發來喜訊說中歐法學院授權給漢堡大學來主導合作【漢堡大學獲得授權，承辦中歐法學院】，還說“我們一起來哺育這個新生兒吧！”
I
still vividly remember the first time I saw you. You wore a peaked
cap, and, in your hand, you had a paper cup with a drink. I must
admit I was amazed because it reminded me of my travel in the US.
Later, I learned that you had actually spent some time in the US –
at the renowned Havard University.
still vividly remember the first time I saw you. You wore a peaked
cap, and, in your hand, you had a paper cup with a drink. I must
admit I was amazed because it reminded me of my travel in the US.
Later, I learned that you had actually spent some time in the US –
at the renowned Havard University.
第一次見你時的場景依然歷歷在目。你戴著一頂有簷的帽子，手裡拿著一杯用紙杯裝的飲料。我必須承認當時頗感驚訝，因為這讓我想起了自己的美國之行。後來，我得知你的確曾在美國待過——在著名的哈佛大學。
The
next thing I remember is that you wanted the manuscript of a speech I
had prepared in advance. I was a bit embarrassed because that
manuscript was just my personal copy, a typed version but with manual
changes. In particular, there was a sentence in which I expressed my
shame about what European colonial powers had done to China. I had
crossed out that sentence. I really felt that shame, but I thought
that was not the right occasion to express it. You could read the
crossed-out words. Perhaps, that laid the foundations of the trust
you had in me and for which I am very grateful.
next thing I remember is that you wanted the manuscript of a speech I
had prepared in advance. I was a bit embarrassed because that
manuscript was just my personal copy, a typed version but with manual
changes. In particular, there was a sentence in which I expressed my
shame about what European colonial powers had done to China. I had
crossed out that sentence. I really felt that shame, but I thought
that was not the right occasion to express it. You could read the
crossed-out words. Perhaps, that laid the foundations of the trust
you had in me and for which I am very grateful.
另一件記憶猶新的事是你想看一下我為某場演講提前準備的講稿。我當時有點尷尬，因為那篇講稿只是我自己打印出來用的，上面有我手寫修改的痕跡，尤其是裡面有句話表達了我對歐洲殖民列強對中國所犯罪行的羞愧。我已劃掉了那句話。那份歉意是真實的，但我覺得那個場合不適合說這樣的話。你發現了那句被劃掉的話。也許正是這件事為你對我的信任打下了基礎，我至今仍無比感念。
I
also remember the moment when my trust in you began. We discussed the
scholarship policy of CESL. I suggested to grant “book money”
even to students who would not receive a scholarship for tuition fees
and living expenses because their parents earned enough to pay for
it. I myself had received book money from a scholarship foundation
when I was a student. You said, “But then we must buy the books.”
I thought you wanted to exercise some kind of control. But when I
asked you why we had to buy the books, you explained that, in China,
students could not just go to a book shop and order foreign books.
There was a state monopoly on the import of books. (I hope I remember
this correctly!) So, if we wanted to make foreign books available to
the students, we had to buy them.
also remember the moment when my trust in you began. We discussed the
scholarship policy of CESL. I suggested to grant “book money”
even to students who would not receive a scholarship for tuition fees
and living expenses because their parents earned enough to pay for
it. I myself had received book money from a scholarship foundation
when I was a student. You said, “But then we must buy the books.”
I thought you wanted to exercise some kind of control. But when I
asked you why we had to buy the books, you explained that, in China,
students could not just go to a book shop and order foreign books.
There was a state monopoly on the import of books. (I hope I remember
this correctly!) So, if we wanted to make foreign books available to
the students, we had to buy them.
我還記得我對你開始建立起信任的那個時刻。我們在討論中歐法學院的獎學金政策時，我提議不給學生們直接發放用於支付學費和生活費的獎學金，而是將其作為書費發給學生，因為他們的父母足可負擔前者。我上學時就曾收到過一家獎學金基金會發放的書錢。你說，“但我們必須買下這些書”。我覺得你是想行使某種控制權，但當我問你我們必須買書的原因時你解釋道，在中國，學生無法直接去書店訂購外國書籍，進口書籍是由國家專營的（希望我沒記錯！）。所以如果我們想讓學生拿到那些書，就需要我們去買。
方流芳教授與高美蓮女士合照（2009-5-11） / 張笑滔供圖
My
trust in you deepened when we dealt with financial matters. You used
to say, “It does not matter whether it is European money or Chinese
money. It is taxpayers’ money.” With this in mind, we used the
public money at our disposal very economically.
trust in you deepened when we dealt with financial matters. You used
to say, “It does not matter whether it is European money or Chinese
money. It is taxpayers’ money.” With this in mind, we used the
public money at our disposal very economically.
在一起解決經費問題時我對你的信任又加深了。“重要的不是錢出自歐洲還是中國，而在於這是納稅人的錢。”本著這個原則，我們在使用公共經費上十分節約。
One
of the problems we had to solve was hiring office staff. The normal
thing for an institution like CESL would have been to engage an
agency and employ agency workers. However, I convinced you that it
was better to employ our staff directly. We were the first unit
within CUPL to hire staff with labour contracts under the new labour
contract law.
of the problems we had to solve was hiring office staff. The normal
thing for an institution like CESL would have been to engage an
agency and employ agency workers. However, I convinced you that it
was better to employ our staff directly. We were the first unit
within CUPL to hire staff with labour contracts under the new labour
contract law.
聘用行政人員是我們必須解決的問題之一。勞務派遣是中歐法學院這樣的用工機構的慣常做法，但你接受了我關於直接僱傭人員是更好做法的意見。於是中歐法學院成了中國政法大學第一個依據新《勞動合同法》與員工直接簽訂勞動合同的機構。
Of
course, it was not always easy to find a consensus. E.g., when we
started awarding research funds, we discovered that in-depth
discussion about what deserves to be promoted was needed. So, we met
on a week-end to exchange our ideas in calm. We were like a couple
with a strong will to understand each other and find a satisfactory
solution.
course, it was not always easy to find a consensus. E.g., when we
started awarding research funds, we discovered that in-depth
discussion about what deserves to be promoted was needed. So, we met
on a week-end to exchange our ideas in calm. We were like a couple
with a strong will to understand each other and find a satisfactory
solution.
當然，尋找共識並不總是一帆風順。比如在我們頒發研究經費時，我們發現有必要深入討論什麼樣的研究才是值得提倡的。於是我們在某個週末冷靜地交換了各自的觀點。我們就像一對能夠互相體諒的夫妻，總是懷著共同尋找滿意出路的強烈意願。
You
were also quite caring about me. Sometimes, you worried because,
immerged in my work, I had not had lunch. You also worried because I
used to walk alone through Changping to my flat at night. You wanted
to ask the school driver to drive me home. Although I did not accept
that offer, I really appreciated it.
were also quite caring about me. Sometimes, you worried because,
immerged in my work, I had not had lunch. You also worried because I
used to walk alone through Changping to my flat at night. You wanted
to ask the school driver to drive me home. Although I did not accept
that offer, I really appreciated it.
你對我非常關照。有時你擔心我忙於工作顧不上吃午飯，還有段時間你擔心我在夜間獨自一人步行穿過昌平城區回公寓，你想讓學校的司機開車送我回家。雖然我沒有同意，但我對你充滿了感激之情。
You
patently introduced me to Chinese university and government
structures and to the Chinese legal world in general. Thanks to you,
I got to know some fascinating personalities, e.g. Jiang Ping, Zhang
Sizhi and Cao Pei. I love to remember the visit to Cao Pei’s plot
of land in the outskirts of Beijing which you arranged for me when I
returned to Beijing after my retirement on CUPL’s 60th anniversary.
A fascinating experience: Cao Pei, a professor of law and at the same
time a hobby farmer growing her own vegetables, and not just her but
also other officials who had leased plots of land on the same
premises. They had all learnt about agricultural work during the
Cultural Revolution and discovered that it was not just hard labour
but also a rewarding experience.
patently introduced me to Chinese university and government
structures and to the Chinese legal world in general. Thanks to you,
I got to know some fascinating personalities, e.g. Jiang Ping, Zhang
Sizhi and Cao Pei. I love to remember the visit to Cao Pei’s plot
of land in the outskirts of Beijing which you arranged for me when I
returned to Beijing after my retirement on CUPL’s 60th anniversary.
A fascinating experience: Cao Pei, a professor of law and at the same
time a hobby farmer growing her own vegetables, and not just her but
also other officials who had leased plots of land on the same
premises. They had all learnt about agricultural work during the
Cultural Revolution and discovered that it was not just hard labour
but also a rewarding experience.
你坦誠地向我介紹中國高校、政府機構以及中國法學界。我透過你認識了一些充滿魅力的人，比如江平、張思之、曹培。我退休後赴京參加法大60週年校慶時，你安排我去了曹培在北京郊區買的那塊地，至今回憶起來仍是一段美好的經歷。她的經歷很有意思，本職工作是法學教授，卻喜歡在業餘時間自己下地種菜，並且不止是她一個人有這樣的愛好，其他官員也在那裡租了地。他們都是在文革期間學會了幹農活，他們發現那不只是艱苦的勞作，也是一種寶貴的經歷。
方流芳教授與高美蓮女士合照 / 高美蓮教授 供圖
I
guess your own time as an agricultural worker was less positive. I’ll
never forget what you told me about that. You came from a family with
a high level of education (wasn’t your mother a judge?), and then:
10 years of labour in the fields. Your foreman used to say, “College
boy, how are you ever going to get out of here?” Probably, the most
burdensome aspect of your situation was not to know whether it would
ever end. One day, quite unexpectedly, while you were working in the
melon fields, the news spread that the universities had opened again.
You found a way to have a week of preparation for the entrance exams.
With two melons as travelling provisions under the arms, you set off
for the university examinations on the back of a pick-up truck. You
passed the exams and not just that: It wasn’t long before you
received a scholarship from the Ford Foundation that took you to
Harvard. What a life!
guess your own time as an agricultural worker was less positive. I’ll
never forget what you told me about that. You came from a family with
a high level of education (wasn’t your mother a judge?), and then:
10 years of labour in the fields. Your foreman used to say, “College
boy, how are you ever going to get out of here?” Probably, the most
burdensome aspect of your situation was not to know whether it would
ever end. One day, quite unexpectedly, while you were working in the
melon fields, the news spread that the universities had opened again.
You found a way to have a week of preparation for the entrance exams.
With two melons as travelling provisions under the arms, you set off
for the university examinations on the back of a pick-up truck. You
passed the exams and not just that: It wasn’t long before you
received a scholarship from the Ford Foundation that took you to
Harvard. What a life!
我覺得你下放農村勞動的那段日子肯定不好過。我不會忘記你給我講的那段經歷。你出生在一個高知家庭（你母親應該是法官吧？），卻在農村勞作了十年。你的生產隊長跟你說：“大學生，你要怎麼才能走出這裡呢？”也許，你的境遇中最沉重的一面是不知道這樣的日子何時是個頭。有一天，你在西瓜地裡幹活的時候突然聽說大學恢復招生了。你設法騰出一週的時間複習準備高考。你坐著拖拉機，腋下夾著兩個準備路上吃的西瓜就去趕考了。結果你不僅通過了考試，還在此後不久獲得了美國福特基金會的獎學金，得以到哈佛大學訪學。你的人生經歷太豐富了！
Jiang
Ping’s life was even more dramatic. I was already about to return
to Germany when I received a copy of his autobiography with a
dedication from him and Chen Xiaohong, who had helped him write it
down. I learned that it was just 2/3 of the original manuscript and
asked you whether it might be a problem if a more complete version
were published in German. You answered in the negative.
Unfortunately, this time you were wrong. When everything was ready
for publication, the CUPL party committee intervened and interdicted
it. I sincerely hope that this decision will be reconsidered and
that, in the end, you were right! In Germany, everybody who had seen
the German version was enthusiastic.
Ping’s life was even more dramatic. I was already about to return
to Germany when I received a copy of his autobiography with a
dedication from him and Chen Xiaohong, who had helped him write it
down. I learned that it was just 2/3 of the original manuscript and
asked you whether it might be a problem if a more complete version
were published in German. You answered in the negative.
Unfortunately, this time you were wrong. When everything was ready
for publication, the CUPL party committee intervened and interdicted
it. I sincerely hope that this decision will be reconsidered and
that, in the end, you were right! In Germany, everybody who had seen
the German version was enthusiastic.
江平的人生就更傳奇了。當我準備返回德國時，我收到了有江平本人和整理者陳夏紅簽名的自傳樣本。當我得知那只是原始手稿三分之二的內容時，我問你出版一個更完整的德語版本是否有問題。你回答沒有問題。很不幸，這次你錯了。正當出版工作準備就緒時，校方介入，此事也終於作罷。我真希望他們能夠重新考慮那個決定。事實最後證明你是對的！在德國，所有看過德語版江平自傳的人都對這本書稱讚不已。
We
last saw each other in February 2018. I had come to Beijing because
my music godson Li Meili, who has become like a son to me, was going
to perform in the National Centre of Performing Arts. We met in a
very simple traditional Hutong restaurant. At that time, you, too,
were already retired. But you told me that you had filed a lawsuit
because you wanted to continue working beyond the normal age limit
and there was a precedent for that. You said, “I know I’m going
to lose. But I must do it because it’s about equal treatment.”
When saying this, you were smiling like a boy. At that moment, I felt
very close to you.
last saw each other in February 2018. I had come to Beijing because
my music godson Li Meili, who has become like a son to me, was going
to perform in the National Centre of Performing Arts. We met in a
very simple traditional Hutong restaurant. At that time, you, too,
were already retired. But you told me that you had filed a lawsuit
because you wanted to continue working beyond the normal age limit
and there was a precedent for that. You said, “I know I’m going
to lose. But I must do it because it’s about equal treatment.”
When saying this, you were smiling like a boy. At that moment, I felt
very close to you.
我們最後一次見面是在2018年2月。當時，我視若己出的音樂教子李梅里在中國國家大劇院演出，所以我專程來了一趟北京。我們是在衚衕裡一家非常樸素的飯店見面的。那時你也已經退休了，但你對我說你必須對法大提起一項民事訴訟，因為你想超出正常的退休年齡限制繼續工作，並且已有先例。你說“我知道我必輸無疑，但我仍要這樣做，因為這是個公平對待問題。”當你說這些話的時候，你笑得宛如孩童。在那一刻，我覺得我的心和你靠得很近。