The Culture of a Legal System
摘要
The traditional Chinese legal system has undergone continuous evolution for thousands of years, gradually becoming systematic and mature until its eventual transformation. Adapted to the life and social structure of traditional China, the traditional Chinese legal system was hierarchically constructed, with distinctions between the central and the local, as well as between the official and the civilian. In terms of its regulatory scope, it encompassed dynastic politics, administrative acts, economic activities, military strategies, international relations, and cultural beliefs. This system operated through its own unique conceptual expressions which might not be deemed as precise equivalents to the modern legal terms borrowed from the West such as “constitution”, “civil law,” “economic law,” or “international law,” yet these concepts functioned effectively as legal norms within their historical context. A genuine understanding of the real essence of the traditional Chinese legal concepts requires situating them within their specific historical contexts and examining their forms and functions across different levels and types. It is essential to avoid mechanically applying Western legal labels to the traditional Chinese legal concepts. Since the early twentieth century, in response to the challenges from the West, China’s legal system underwent fundamental changes. Western legal terminology and language were gradually disseminated and applied, and at an institutional level, China began to align with the West, embarking on a course of modernization. This process has subsequently made the dialogue between the Chinese and Western legal systems possible.