2006•Unpublished venueRequires access

Comparison of the Choices of Sino-Japan Legal Cultural Communication

Zhang Zhong-qiu

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Abstract

Sino-Japan legal cultural communication is of long standing and well established. There are two peaks: one is the famous “Code Era” in which ancient Japan introduced the legal culture of Tang Dynasty of China on large scale, the other is that China in late Qing Dynasty introduced the legal culture of modern Japan and started the development of the modernization of Chinese legal system. In Tang Dynasty Chinese legal culture was introduced into Japan, and in late Qing Dynasty the western legal culture with Japanese characters came to China. Such communication has been rooted in history and have influence on the future. Under the proper condition of time and space, the two parties of communication, especially, the target of the introducing party and the way of introduction are mainly limited by information, state situation, political system, aim, international environment, legal tradition and human and material resources. In late Qing dynasty, “modification of law” has undergone the process of taking English and American law, then French and German law and lastly Japanese law for reference. The Sino-Japan legal cultural communication in Tang Dynasty and late Qing Dynasty is mutual and typical. It is not only the sample of comparative legal cultural analysis, but also the resources of considering the legal cultural communication between China and other countries.

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What this paper is about

Sino-Japan legal cultural communication is of long standing and well established. There are two peaks: one is the famous “Code Era” in which ancient Japan introduced the legal culture of Tang Dynasty of China on large scale, the other is that China in late Qing Dynasty introduced the legal culture of modern Japan and started the development of the modernization of Chinese legal system. In Tang Dynasty Chinese legal culture was introduced into Japan, and in late Qing Dynasty the western legal culture with Japanese characters came to China. Such communication has been rooted in history and have influence on the future. Under the proper condition of time and space, the two parties of communication, especially, the target of the introducing party and the way of introduction are mainly limited by information, state situation, political system, aim, international environment, legal tradition and human and material resources. In late Qing dynasty, “modification of law” has undergone the process of taking English and American law, then French and German law and lastly Japanese law for reference. The Sino-Japan legal cultural communication in Tang Dynasty and late Qing Dynasty is mutual and typical. It is not only the sample of comparative legal cultural analysis, but also the resources of considering the legal cultural communication between China and other countries.

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Available abstract

Sino-Japan legal cultural communication is of long standing and well established. There are two peaks: one is the famous “Code Era” in which ancient Japan introduced the legal culture of Tang Dynasty of China on large scale, the other is that China in late Qing Dynasty introduced the legal culture of modern Japan and started the development of the modernization of Chinese legal system. In Tang Dynasty Chinese legal culture was introduced into Japan, and in late Qing Dynasty the western legal culture with Japanese characters came to China. Such communication has been rooted in history and have influence on the future. Under the proper condition of time and space, the two parties of communication, especially, the target of the introducing party and the way of introduction are mainly limited by information, state situation, political system, aim, international environment, legal tradition and human and material resources. In late Qing dynasty, “modification of law” has undergone the process of taking English and American law, then French and German law and lastly Japanese law for reference. The Sino-Japan legal cultural communication in Tang Dynasty and late Qing Dynasty is mutual and typical. It is not only the sample of comparative legal cultural analysis, but also the resources of considering the legal cultural communication between China and other countries.

Key concepts: Legal culture, China, Modernization theory, Law, Chinese culture, Political science, Chinese law, History of China

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