A Comprehensive History of Chinese Legal System

Author: Zhang Jinfan
Publisher:
Publishing Date: 1999-01-01
Features: A Comprehensive History of Chinese Legal System is a monumental work edited by Professor Zhang Jinfan, spanning the history of China's legal system from its origins to the establishment of the People's Republic of China. The ten-volume series took 40 years to complete and explores the evolution of Chinese law in depth. Its content primarily includes discussions on the developmental patterns of Chinese legal history, further research on certain academic perspectives, and the advocacy and implementation of a research methodology that combines historical analysis with legal theory. China, as a renowned ancient civilization, has a legal history that dates back at least to the 21st century BC during the Xia Dynasty and has continued uninterrupted for over four millennia. Recognized as one of the five major legal systems in the world—the Chinese Legal System—for its clear lineage, rich content, profound influence, and distinctive characteristics, Chinese legal history has seen the emergence of legal scholars throughout its long feudal society, despite the constraints of autocratic rule. By the early 20th century, as the Qing government implemented the "New Policies," it also ordered the revision of laws. Shen Jiaban, who served as the Minister of Law Revision, adopted the principle of "drawing on ancient wisdom and modern practices while integrating Eastern and Western thought." On one hand, he actively introduced the legal systems of capitalist countries; on the other, he emphasized the summary of historical legal experiences in China. Following this, a group of scholars emerged to study the history of Chinese legal system. During this period, Japanese scholars such as Asai Torao wrote A History of the Evolution of Chinese Legal Codification, and Togawa compiled Studies on the History of Chinese Legal System. While scholars like Chen Guyuan and Yang Honglie collected extensive materials and achieved certain accomplishments in writing the history of Chinese legal system, they were still unable to scientifically analyze the historical phenomena of Chinese law and derive the necessary insights.
After the founding of the People's Republic of China, a Marxist-influenced history of Chinese legal system was established, becoming an essential component of the socialist legal system and a compulsory foundational course in political law schools. Its task was to reveal the origins, development, and evolution of various legal systems in China and summarize historical experiences to serve socialist legal construction. The unprecedented "Cultural Revolution" brought a severe setback to the nascent history of Chinese legal system. If German was once the center of sinology in the 1930s, then in the 1960s and 1970s, China was not the most active region in studying the history of Chinese legal system. After the collapse of the "Gang of Four," the Chinese academic community welcomed a renaissance in scholarly research, and the legal field embarked on a new journey. In September 1979, the Chinese Legal History Society was established in Changchun, where I proposed the idea of compiling a multi-volume Comprehensive History of Chinese Legal System. At the time, I deeply felt that the study of Chinese legal history, which had its roots in China, lagged behind other regions and countries. While it was welcomed that foreign scholars were studying Chinese legal history, their achievements should be taken seriously. However, we ourselves should feel the weight on our shoulders and be inspired to strive for excellence. In the 1930s, patriotic historians in China had devoted tremendous efforts to reclaiming the center of sinology and had achieved remarkable accomplishments, fostering a generation of outstanding historians. Today, facing sharp challenges, if we are only content with the achievements of our predecessors or even allow future generations to learn Chinese legal history from foreign scholars, would that not be a sin? Therefore, compiling the Comprehensive History of Chinese Legal System is not only a need of the times and a necessity for legal construction but also an inescapable historical responsibility!
Moreover, in the long history of Chinese legal system, it has accumulated rich experiences and wisdom in governing the state, embodying the spirit of the Chinese nation. Despite the passage of time and changes in circumstances, it still holds a profound cultural heritage capable of generating new wisdom and creating new experiences. History cannot be severed, nor should it be, and the purpose of studying history is ultimately to provide lessons for the present. Guided by Marxist ideology, the history of Chinese legal system must not only scientifically explain the nature of various legal systems in Chinese history and reveal their inherent laws but also critically absorb the experiences of predecessors to serve the sound development of socialist law.
To compile the Comprehensive History of Chinese Legal System, I proposed the following ideas at the meeting: First, to address issues related to establishing a scientific system. (1) Strictly examine the research subjects and scope, correcting the tendency of unclear objectives and overly broad content. The study of Chinese legal history should focus on the essence, characteristics, and judicial activities of various legal systems rather than discussing all aspects of the state system. (2) Integrate the content of law and the evolution of legal systems with the economic foundations and class structures of the same era to elucidate their intrinsic connections and mutual relationships, making scientific evaluations that align with historical realities. (3) Not only study legal history by examining canonical documents but also grasp the essence and laws of the legal system through state activities. (4) Research on legal history should also reveal key figures and ideas, which not only helps understand the law itself but also reflects the ideological motivations behind legal development, the characteristics of the times, and the intentions of classes.
Second, to base the compilation on solid thematic research. Compiling the Comprehensive History of Chinese Legal System is an arduous scientific research endeavor. Its completion would not only earn recognition from the domestic legal and historical communities but also attract global attention from legal historians. Therefore, it should represent the level of Chinese legal history research in China and reflect the latest domestic and international findings. Thus, compiling the Comprehensive History of Chinese Legal System requires comprehensive planning and coordinated arrangements to actively carry out thematic research. Based on the characteristics of Chinese legal history in its long development, I proposed studying the following ten issues: (1) The specific pathways of the origin of the Chinese state and law; (2) The foundation, historical role, and profound impact of feudal autocracy over two millennia; (3) The influence of Confucianism (including Song-Ming Neo-Confucianism) on legislation and adjudication; (4) The status of family law and clan regulations centered on safeguarding patriarchal authority within the entire legal system; (5) The causes and social relationships reflected by the separation of civil and criminal law and the integration of various legal systems; (6) The interplay of legalism, rule by man, rule by ritual, and rule by virtue; (7) The deepening judicial jurisdiction of the central government over ethnic minority regions and its role in consolidating a unified multi-ethnic state; (8) The manipulation of lawsuits by criminal and civil clerks in the Ming and Qing dynasties; (9) The influence of Western bourgeois legal systems and their adaptation in China; (10) The path and characteristics of socialist legal development, and so on.
Third, to vigorously excavate, organize, and compile Chinese legal historical materials, including underground artifacts, sociological surveys, historical archives, private notes, decrees, notices, slogans, regulations, doctrines, military laws, and more. Among the vast materials of Chinese legal history, some require authentication and verification, while others need annotations, making it an equally significant research task. If starting from legal-related inscriptions in oracle bones, one can imagine the sheer volume. Therefore, it is essential to organize efforts, plan comprehensively, assign tasks, and act proactively. This work holds immense significance for compiling the Comprehensive History of Chinese Legal System.
Finally, it was proposed that the scale of the Comprehensive History of Chinese Legal System should span from the origins of Chinese law to the founding of the People's Republic of China, comprising ten volumes with a total of five million words. The above ideas were unanimously supported by the attendees and there was a strong desire to implement them as soon as possible. In January 1980, I convened a meeting for compilation, attended by over twenty people, who at the time constituted the entire group engaged in teaching and researching Chinese legal history. After three days of discussion, many details of the compilation were clarified, but it was also recognized that neither human resources, financial support, research foundations, nor the state of materials were ready for such a monumental project, which had to be postponed until conditions matured. In the spring of 1985, the second compilation meeting was held, five years later, with significant improvements. The multi-volume Comprehensive History of Chinese Legal System was included in the national "Seventh Five-Year Plan" for scientific research and received funding, with research capabilities rapidly strengthened. At this meeting, the chief editor and volume editors were appointed, and requirements for the plan and publishing matters were clarified. Due to the arduous nature of this research project, it was not completed within the "Seventh Five-Year Plan," and after approval by relevant authorities, it was included in the "Eighth Five-Year Plan." During this period, the challenge of publishing academic works was also faced, and it was not until 1995 that only two volumes were published.
Now, the ten-volume Comprehensive History of Chinese Legal System has been fully published. It reflects the understanding of the ancient Chinese legal system with its coexistence of multiple legal systems and the separation of civil and criminal law. Each volume covers administrative, civil, economic, criminal, and procedural law, respectively. It also strengthens relevant discussions based on the multi-sourced cultural roots of the Chinese legal system and the contributions of ethnic minorities. Over the past decade, some editorial members have retired, some have been unable to continue due to various reasons, and one editor has passed away. Nevertheless, this monumental work has finally been completed. A new generation of young researchers has grown and matured, becoming key contributors to the writing process. Special thanks must be extended to the leadership of the Legal Press for their immense courage in publishing all ten volumes together. This is a significant contribution to the development of Chinese legal history, the promotion of traditional legal culture, and the flourishing of socialist law. On behalf of all contributors, I express deep gratitude.
The ten-volume Comprehensive History of Chinese Legal System has been published, fulfilling the aspirations of all involved, but research work is endless. After listening to readers' criticisms and suggestions, we must reflect on how to improve and enhance the second edition. We must persevere in working tirelessly for the prosperity and development of Chinese legal history.