2005•Journal of Guizhou Normal UniversityRequires access

Masaji Chiba's Legal Pluralism and the Plural Law in China

Li Li

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Abstract

The Japanese scholar Masaji Chiba put forward a famous classified method of plural law: three layers, each with two divisions , namely, official law and unofficial law, legal rule and legal principle, regular law and transplanted law. Although this viewpoint has some deficiencies, it has impacted on the orthodox theory of law classification, and is praised highly by legal anthropologist and legal sociologists of our country. Currently, the main problem of plural law in China is the conflict between official law and unofficial law (nongovernmental law). We should take a compromising and relatively positive attitude to treat the nongovernmental law in China.

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The Japanese scholar Masaji Chiba put forward a famous classified method of plural law: three layers, each with two divisions , namely, official law and unofficial law, legal rule and legal principle, regular law and transplanted law. Although this viewpoint has some deficiencies, it has impacted on the orthodox theory of law classification, and is praised highly by legal anthropologist and legal sociologists of our country. Currently, the main problem of plural law in China is the conflict between official law and unofficial law (nongovernmental law). We should take a compromising and relatively positive attitude to treat the nongovernmental law in China.

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Available abstract

The Japanese scholar Masaji Chiba put forward a famous classified method of plural law: three layers, each with two divisions , namely, official law and unofficial law, legal rule and legal principle, regular law and transplanted law. Although this viewpoint has some deficiencies, it has impacted on the orthodox theory of law classification, and is praised highly by legal anthropologist and legal sociologists of our country. Currently, the main problem of plural law in China is the conflict between official law and unofficial law (nongovernmental law). We should take a compromising and relatively positive attitude to treat the nongovernmental law in China.

Key concepts: Law, Plural, Legal pluralism, Comparative law, Chinese law, Political science, Municipal law, Legal profession

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