2015•Journal of Politics and LawOpen access

The Comparison and Implication between Lv-Li Law and Common Law – The Perspective of Law Forms Evolution

Chungang Miao

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Abstract

Statute law system in Chinese history was established at roughly the same time when English common law system was formed in British history. But the two countries have been developing in quite different ways. This paper focuses on the development path of two systems at that period in order to get access to the study of the legal and cultural background of the two law system. From the history, we can see china ancient law was wandering between stability and flexibility. The law code mainly deals with the stability of the law, meanwhile the case code mainly solves the flexibility of the law. Undoubtedly, sometimes law code will conflict with the case code. This conflict condition also occurs in British law. In this research, on one hand, historical analysis was adopted to search for the truth of the legal history; on the other hand, the sociology of law was also adopted to find the interactivity of law and social life. This paper reports on a survey into the legal history. Studies have shown that the China's feudal autocratic was further strengthened and the

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Statute law system in Chinese history was established at roughly the same time when English common law system was formed in British history. But the two countries have been developing in quite different ways. This paper focuses on the development path of two systems at that period in order to get access to the study of the legal and cultural background of the two law system. From the history, we can see china ancient law was wandering between stability and flexibility. The law code mainly deals with the stability of the law, meanwhile the case code mainly solves the flexibility of the law. Undoubtedly, sometimes law code will conflict with the case code. This conflict condition also occurs in British law. In this research, on one hand, historical analysis was adopted to search for the truth of the legal history; on the other hand, the sociology of law was also adopted to find the interactivity of law and social life. This paper reports on a survey into the legal history. Studies have shown that the China's feudal autocratic was further strengthened and the

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Available abstract

Statute law system in Chinese history was established at roughly the same time when English common law system was formed in British history. But the two countries have been developing in quite different ways. This paper focuses on the development path of two systems at that period in order to get access to the study of the legal and cultural background of the two law system. From the history, we can see china ancient law was wandering between stability and flexibility. The law code mainly deals with the stability of the law, meanwhile the case code mainly solves the flexibility of the law. Undoubtedly, sometimes law code will conflict with the case code. This conflict condition also occurs in British law. In this research, on one hand, historical analysis was adopted to search for the truth of the legal history; on the other hand, the sociology of law was also adopted to find the interactivity of law and social life. This paper reports on a survey into the legal history. Studies have shown that the China's feudal autocratic was further strengthened and the

Key concepts: Law, Chinese law, Comparative law, Legal history, Common law, Public law, Civil law (Civil law), Municipal law

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