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.
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.
Procedure and Remedies in the Jurisprudence of International Courts and Tribunals’, Loyola of Los Angeles International & Comparative Law Review 30 (3) (2008) 219.
42 Peerenboom, ‘Varieties of Rule of Law’ (n. 8) at 7.
43 Zhang, ‘The Special Role of ForeignLegalHistory in China in the
; Western History of Legal Thoughts; ForeignLegalHistory; Chinese Constitution; Administrative Law and Administrative Litigation Law; Civil Law; Contract Law; Criminal Law; International Law; Private International Law; Civil Procedure Law; Criminal Procedure Law; Intellectual Prop- erty Law; Marriage Law