Academic

Chen on the Transformation of Chinese Law

By Lawrence Solum

Jianfu Chen (La Trobe University - Faculty of Law and Management) has posted The Transformation of Chinese Law: From Formal to Substantial (Hong Kong Law Journal, Vol. 37, No. 2, 2007) on SSRN.  Here is the abstract:

If Japanese law, Korean law, Chinese law and others were each compared with their own legal heritage, it would be found that Chinese law would stand out as the one most divorced from its own traditions.

For the whole of the twentieth century, the development of Chinese law and legal science was a process of learning from, making use of, absorbing and digesting foreign experiences. As far as legal institutions, principles and terminologies in the contemporary legal system in China are concerned, almost all were transplanted from foreign countries, though China?s own situation was considered. In fact, foreign laws are now an indispensable part of the main body of modern Chinese law.

Full post as published by Legal Theory Blog on March 10, 2008 (boomark / email).