2012Journal of Jiaxing UniversityRequires access

Reflection on the Chinese Legal Tradition

Zhenyu Liu

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Abstract

The modern Chinese legal reform mainly transplants and imitates from western law,meanwhile there are full of misunderstandings and indifference for the Chinese legal tradition.Practice proves that the modern Chinese legal reform doesn't bring good social effects.Through reflection on the modern Chinese legal process,the values on Chinese legal tradition,and the historical mission of Chinese jurisprudence,this paper holds that in the process of Chinese legal construction,we shall investigate our national conditions,base on the reality,learn selectively from the advanced western legal experience,seek strength from the existing legal tradition,and explore a particular legal path that both accords with western modernization trend and embodies Chinese characteristics.

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What this paper is about

The modern Chinese legal reform mainly transplants and imitates from western law,meanwhile there are full of misunderstandings and indifference for the Chinese legal tradition.Practice proves that the modern Chinese legal reform doesn't bring good social effects.Through reflection on the modern Chinese legal process,the values on Chinese legal tradition,and the historical mission of Chinese jurisprudence,this paper holds that in the process of Chinese legal construction,we shall investigate our national conditions,base on the reality,learn selectively from the advanced western legal experience,seek strength from the existing legal tradition,and explore a particular legal path that both accords with western modernization trend and embodies Chinese characteristics.

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Available abstract

The modern Chinese legal reform mainly transplants and imitates from western law,meanwhile there are full of misunderstandings and indifference for the Chinese legal tradition.Practice proves that the modern Chinese legal reform doesn't bring good social effects.Through reflection on the modern Chinese legal process,the values on Chinese legal tradition,and the historical mission of Chinese jurisprudence,this paper holds that in the process of Chinese legal construction,we shall investigate our national conditions,base on the reality,learn selectively from the advanced western legal experience,seek strength from the existing legal tradition,and explore a particular legal path that both accords with western modernization trend and embodies Chinese characteristics.

Key concepts: Legal realism, Modernization theory, Jurisprudence, Reflection (computer programming), Legal research, Law, Legal history, Legal culture

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