2007•Journal of Hunan University of Science & TechnologyRequires access

On Conflicts of Legal Cultures between Chinese and Western in the Late Qing Dynasty and the Introduction of Western Legal Thoughts

YI Da-dong

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Abstract

Modern Chinese legal culture originated from the late Qing Dynasty during which period Chinese legal culture was featured with“conflict”and“introducing in”.In this period,Chinese and Western legal cultural conflicts occurred in such areas as“rule by law”and“rule by man”,“legal instrumentalism”and“supremacy of Law”,“ethics standard”and“right standard”,rank,justice,and equality due to the differences between Chinese culture and Western culture in the following aspects:historical and cultural traditions,folk psychology,political systems,and the development stages of society.After having experienced the stages of choosing,criticizing,and introducing,Chi- nese legal culture initialed her modem process.

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What this paper is about

Modern Chinese legal culture originated from the late Qing Dynasty during which period Chinese legal culture was featured with“conflict”and“introducing in”.In this period,Chinese and Western legal cultural conflicts occurred in such areas as“rule by law”and“rule by man”,“legal instrumentalism”and“supremacy of Law”,“ethics standard”and“right standard”,rank,justice,and equality due to the differences between Chinese culture and Western culture in the following aspects:historical and cultural traditions,folk psychology,political systems,and the development stages of society.After having experienced the stages of choosing,criticizing,and introducing,Chi- nese legal culture initialed her modem process.

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Available abstract

Modern Chinese legal culture originated from the late Qing Dynasty during which period Chinese legal culture was featured with“conflict”and“introducing in”.In this period,Chinese and Western legal cultural conflicts occurred in such areas as“rule by law”and“rule by man”,“legal instrumentalism”and“supremacy of Law”,“ethics standard”and“right standard”,rank,justice,and equality due to the differences between Chinese culture and Western culture in the following aspects:historical and cultural traditions,folk psychology,political systems,and the development stages of society.After having experienced the stages of choosing,criticizing,and introducing,Chi- nese legal culture initialed her modem process.

Key concepts: Legal culture, Instrumentalism, Legal realism, Law, Rule of law, Politics, Economic Justice, Legal pluralism

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