Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction. Following the Xinhai Revolution, the Republic of China adopted a largely Western-style legal code in the civil law tradition (specifically German and Swiss based). The establishment of the People's Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law. However, earlier traditions from Chinese history have retained their influence.
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π Chinese law in the context of Traditional Chinese law
Traditional Chinese law refers to the legal system including laws, regulations, and rules used in Sinosphere. It has undergone continuous development since at least the 11th century BCE. This legal tradition is distinct from the common law and civil law traditions of the West β as well as Islamic law and classical Hindu law β and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance.
One feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge, usually the district magistrate, conducts the public investigation of a crime. This is comparable to the system used in civil law jurisdictions, but contrary to common law which uses an adversarial system where the judge decides between attorneys representing the prosecution and defense. "The Chinese traditionally despised the role of advocate and saw such people as parasites who attempted to profit from the difficulties of others. The magistrate saw himself as someone seeking the truth, not a partisan for either side."
Chinese law in the context of Comparative law
Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, including common law, civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism and economic globalization.
Chinese law in the context of Sinicization
Sinicization, sinofication, sinification, or sinonization (from the prefix sino-, 'Chinese, relating to China') is the process by which non-Chinese societies or groups are acculturated or assimilated into Chinese culture, particularly the language, societal norms, cultural practices, and ethnic identity of the Han Chineseβthe largest ethnic group of China.
Areas of influence include diet, writing, industry, education, language/lexicon, law, architectural style, politics, philosophy, religion, science and technology, value systems, and lifestyle.
Chinese law in the context of Law of Macau
Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many other influences are present, including Chinese law, Italian law, and some narrow aspects of common law.
Macau's legal code is written in Portuguese; therefore law students at University of Macau take their classes in Portuguese.
Chinese law in the context of Four Comprehensives
The Four Comprehensives, fully as the Four-pronged Comprehensive Strategy (εδΈͺε ¨ι’ζη₯εΈε±), are four political goals put forward by Xi Jinping, General Secretary of the Chinese Communist Party (CCP) in 2014. They are:
- Comprehensively build a moderately prosperous society β Comprehensively build a modern socialist country
- Comprehensively deepen reform
- Comprehensively govern the nation according to law
- Comprehensively strict discipline of the Party.