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Author: Ruizhi Zhang

The development of the Chinese legal system is based on the learning of foreign legal systems. Foreign legal history, as one of the elementary courses in higher legal education, is becoming a driving force for China’s progress toward the rule of law and is playing an indispensible role in the construction of Chinese legal system by educating, cultivating and academic exchanging. The discipline of Foreign Legal History not only provides diverse perspectives for the construction of a new Chinese legal system, but also testifies the establishment of the rule of law in China. It not only benefits Chinese legal system, but also makes contribution to the cultivation of the new generation of Chinese legal talents. Therefore, we should insist on learning from the legal cultural heritage embedded in Foreign Legal History for the purpose of developing Chinese legal system.

In: Frontiers of Law in China
Author: Qinhua He

This article gives a detailed review of the evolution of the Chinese study of Foreign Legal History over the past 60 years. It covers five aspects: academic conferences, Chinese translated works on Foreign Legal History, the education of Chinese scholars in this field, academic activities and contestations, and the prospect of Foreign Legal History as a discipline. This article aims to tease out the achievements and problems of the studies of Foreign Legal History and analyze the social conditions underlying these problems and achievements. It concludes that the reconstruction of Chinese legal system and the development of Chinese legal system cannot stand in isolation from the process of absorbing, transplanting, and learning from foreign jurisprudence and legal systems. Though Foreign Legal History might not become a hot topic, it remains of great significance to the Chinese understanding of law.

In: Frontiers of Law in China

5 TIBETANS AND OTHER MINORITIES IN CHINA'S LEGAL SYSTEM* SANDER G. TIDEMAN Mandarin Training Center, National Taiwan Normal University, Taipei 1. Introduction The minority peoples of the People's Republic of China are made up of 55 different "nationalities" and constitute 6% of the total

In: Review of Socialist Law
This first English volume of The China Legal Development Yearbook features reports on and analyses of a wide range of topics vital to the development of China's legal system, including: criminal law, judicial administration, labor regulations, environmental law, public health law, and issues of corruption. The yearbook is edited by the Institute of Law at the Chinese Academy of Social Sciences, and also includes contributions from practitioners within the Chinese legal system.
In: China's Legal Reform
In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 24 (2006)
The History and Theory of Legal Practice in China: Toward a Historical-Social Jurisprudence goes beyond the either/or dichotomy of Chinese vs. Western law, tradition vs. modernity, and the substantive-practical vs. the formal. It does so by proceeding not from abstract legal texts but from the realities of legal practice. Whatever the declared intent of a law, it must in actual application adapt to social realities. It is the two dimensions of representation and practice, and law and society, that together make up the entirety of a legal system. The assembled articles by the editors and a new generation of Chinese scholars illustrate a new “historical-social jurisprudence,” and explore the possible conceptual underpinnings of a modern Chinese legal system that would both accommodate and integrate the unavoidable paradoxes of contemporary China.

). Limited attention has been paid to the legal status of the Chinese diaspora and its related legal system from the perspective of the Chinese legal system. The term “Chinese diaspora” is not necessarily more precise than “overseas Chinese” or “Chinese overseas.” On the one hand, the term “Chinese

In: Journal of Chinese Overseas
Author: Xia Yong
Due to the growing impact of China on world affairs how Chinese history has affected its current development in the field of human rights and law is generating great interest in the Western world. The result of a decade-long study of rights thinking in both China and the Western world, this book offers a comprehensive examination of the theories and practice of rights in the context of Chinese culture and social development. From the perspective of civil philosophy, the author discusses the problems of culture, morality, society and politics in modern China. The book also provides a unique contribution to an assessment of the impact of Western philosophical thought on contemporary Chinese rights and political thinking. This unique volume deals with both history and today, China and the West, in the field of rights thinking and practice.