The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
The "Concessionization" Strategy for Adoption of Western Law in Chinese Mainland
Wei-dong Ji
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JOURNAL FREE ACCESS

1991 Volume 1991 Issue 43 Pages 148-154,229

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Abstract

Because Chinese law which lack the private law mentality is so different from western law, the adoption of the later in Chinese society may be most difficult. In the first thirty years and more of the twentieth century, China had tried at least twice to import western law. The first attempt was the Constitutional Reform at the end of the Qing Dynasty. The second attempt was the Codification in the Republie of China. But they all came to a pfematufe end. Now the third attempt has been carrued out since 1979. Its unique style can be diecribed as that (1) the adoption of foreign law in laws concerning economic affairs goes ahead of domestoc laws, and (2) legal practitioners play an important role in extending the influence of rexeived foreign law. Here the domain of laws concerning foreign economic affairs just like a "concession" for transplanting foreign laws. By this way the legal reform may be counted on progress step by step in due order. In other words, we can say that the "concessization" strategy is not adoptive but adaptive.

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© The Japanese Association of Sociology of Law
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