The Tradition of Chinese Law and its Modern Transformation

Author: Zhang Jinfan
Publisher:
Publish Date: 1999-01-01
Features: The purpose of studying the Chinese legal tradition is to correctly understand how law continuously perfects itself in development and its position and value in social progress, thereby grasping legal development and enhancing the initiative in building socialist legal systems. Tradition never signifies decay or conservatism; national characteristics are by no means inferior traits. Tradition is the accumulation of history and culture, which can only be renewed, not eliminated. Without tradition, one loses the distinctive features of national culture and the historical and cultural foundation for progress. Experience proves that the deeper and more thorough the reflection on tradition, the more accurately one can extract its essence and discard its dross, thereby creating a Chinese legal system that reflects the characteristics of the new era. Ancient Chinese legal culture once impacted the world and had a significant influence on global legal civilization. Traditional Chinese legal culture is not a hindrance but a driving force for the economic development of East Asia. If the late Qing period's reforms marked the beginning of the modern transformation of Chinese law, then the subsequent stages of the Republic of China, the founding of the People's Republic of China, and today's reform and opening-up have been the phases through which Chinese law has moved toward modernization. Since social development is relentless, the modernization of law can only be gradual and not terminal. The purpose of studying the Chinese legal tradition is to correctly understand how law continuously perfects itself in development and its position and value in social progress, thereby grasping legal development and enhancing the initiative in building socialist legal systems. Tradition never signifies decay or conservatism; national characteristics are by no means inferior traits. Tradition is the accumulation of history and culture, which can only be renewed, not eliminated. Without tradition, one loses the distinctive features of national culture and the historical and cultural foundation for progress. Experience proves that the deeper and more thorough the reflection on tradition, the more accurately one can extract its essence and discard its dross, thereby creating a Chinese legal system that reflects the characteristics of the new era. Ancient Chinese legal culture once impacted the world and had a significant influence on global legal civilization. Traditional Chinese legal culture is not a hindrance but a driving force for the economic development of East Asia. If the late Qing period's reforms marked the beginning of the modern transformation of Chinese law, then the subsequent stages of the Republic of China, the founding of the People's Republic of China, and today's reform and opening-up have been the phases through which Chinese law has moved toward modernization. Since social development is relentless, the modernization of law can only be gradual and not terminal.