A Comprehensive History of Chinese Legal System (Vol. 1-10)

Author: Zhang Jinfan
Publisher:
Publishing Date: 1999-01-01
Features: The General History of Chinese Legal System is a comprehensive, multi-volume work edited by Professor Zhang Jinfan, spanning the history of Chinese law from its origins to the establishment of the People's Republic of China. The series consists of 10 volumes and took 40 years to complete. Its content primarily includes the exploration of the evolutionary patterns of Chinese legal history, in-depth research on certain academic viewpoints, 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 to at least the 21st century BC during the Xia Dynasty, and it has continued without interruption 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 autocraticism. In the early 20th century, while implementing the "New Policies," the Qing government ordered the revision of laws. Shen Jiabai, serving 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 hand, he paid attention to summarizing the historical experiences of Chinese law. Subsequently, a group of scholars emerged to study the history of Chinese legal system. During this period, Japanese scholars such as Hara Torao wrote The Evolution of Chinese Legal Codification and Togawa compiled Studies on the History of Chinese Law. While the works of Chen Guyuan and Yang Honglie on the history of Chinese law collected extensive materials and achieved certain accomplishments, they failed 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 important component of the socialist legal system and a compulsory foundational course in political law schools. Its task was to reveal the laws of emergence, development, and evolution of various types of legal systems in China and to summarize historical experiences to serve the construction of socialist law. The unprecedented Cultural Revolution brought a severe setback to the newly established history of Chinese legal system. If German scholarship was once the center of sinology in the 1930s, then in the 1960s and 1970s, China was not the most active region in the study of Chinese legal history. 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 General History of Chinese Legal System. At that time, I deeply felt that the study of Chinese legal history, which originated in China, lagged behind other regions and countries. While it was welcome that foreign scholars were studying Chinese legal history, their achievements should be valued. However, we ourselves should feel the weight of our responsibility and be inspired to strive for excellence. In the 1930s, our patriotic historians had made tremendous efforts to reclaim the center of sinology, achieving accomplishments and cultivating a generation of outstanding historians. Today, facing sharp challenges, if we are only content with the achievements of the past and even allow future generations to learn Chinese legal history from foreign scholars, would that not be a sin? Therefore, compiling the General History of Chinese Legal System (multi-volume) 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 governance, embodying the spirit of the Chinese nation. Despite the passage of time and changes, it still holds a profound cultural heritage for 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 improvement and perfection of socialist law.
To compile the General History of Chinese Legal System (multi-volume), I proposed the following ideas at the meeting: First, to address some issues related to establishing a scientific system. (1) Strictly examine the research subjects and scope, correcting the past 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) Organically integrate the content of law, the evolution of legal systems, and 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 analyzing canonical documents but also grasp the essence and laws of the legal system through state activities. (4) When studying legal history, pay attention to key figures and ideas, which will not only help understand the law itself but also reveal the ideological driving forces, characteristics of the times, and class intentions behind its development. Second, to base the compilation on solid thematic research. Compiling the General History of Chinese Legal System (multi-volume) is an arduous scientific research project. Its completion would not only earn the attention of the domestic legal and historical communities but also attract the attention of international legal historians. Therefore, it should represent the level of Chinese research on legal history and reflect the latest domestic and international findings. Thus, compiling this multi-volume work 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 influence of the feudal autocratic political system over two thousand years; (3) The impact of Confucianism (including Song-Ming Neo-Confucianism) on legislation and adjudication through its promotion of moral principles and social norms; (4) The status of family law and clan regulations centered on safeguarding the authority of the patriarch in the entire legal system; (5) The causes of the separation of civil and criminal law and the reflection of social relationships in the integrated legal system; (6) The interplay of rule of law, 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 the unified multi-ethnic state; (8) The manipulation of litigation by criminal and civil clerks in the Ming and Qing dynasties; (9) The influence of Western bourgeois law and its adaptation in China; (10) The path and characteristics of the development of socialist law, and so on. Third, to vigorously excavate, organize, and compile Chinese legal historical materials, including underground artifacts, sociological surveys, historical archives, private notes, edicts, 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 issues in oracle bone inscriptions, 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 General History of Chinese Legal System (multi-volume).
Finally, I proposed that the scale of the General History of Chinese Legal System (multi-volume) should span from the origins of Chinese law to the founding of the People's Republic of China, comprising 10 volumes with a total of 500,000 words. These ideas were unanimously supported by the attendees and there was a strong desire to implement them quickly. In January 1980, I convened a th compilation meeting attended by over 20 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 General 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 the chief editors of each volume were determined, and the 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 10-volume General History of Chinese Legal System has been fully completed. 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 law, civil law, economic law, criminal law, and procedural law. It also strengthens relevant discussions based on the multi-sourced cultural origins 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 chief editor has passed away. Nevertheless, this monumental work has finally been published. A new generation of young researchers has grown and matured, becoming key contributors to the writing. Here, I would like to express my sincere gratitude to the leadership of the Legal Press for their great courage in releasing all 10 volumes to the public. 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 the contributors, I extend my heartfelt thanks. The 10-volume General History of Chinese Legal System has been published, fulfilling the aspirations of all the participants, but the research work is far from over. After listening to readers' criticisms and suggestions, we will reflect on how to improve and enhance the second edition. We will persevere in working for the prosperity and development of Chinese legal history, contributing our utmost efforts.