This chapter explores the distinctive features of the Chinese Legal Family. It highlights the originality of its creation, shaped by an agrarian-based economy, stable kinship and geographical bonds, autocratic political system, ideological dominance of Confucianism, and the unified multi-ethnic state framework. The chapter also emphasizes the continuity of its evolution in terms of time, contents, and thought. Furthermore, it discusses the far-reaching influence of the legal traditions, both across neighboring regions and through successive historical periods. The unique core values—such as the integration of rites and law, the people-centered thought, a preference for harmony over litigation, the primacy of morality over punishment, ideals of legal equality, and the humanitarian principle of leniency—are also examined. Lastly, the chapter outlines the advantages of codification in maintaining unity, enabling reform, achieving legal unification, and showcasing legal craftsmanship.

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Distinctive Features of the Chinese Legal Family

  • Xiaobo Dong,
  • Yafen Li

摘要

This chapter explores the distinctive features of the Chinese Legal Family. It highlights the originality of its creation, shaped by an agrarian-based economy, stable kinship and geographical bonds, autocratic political system, ideological dominance of Confucianism, and the unified multi-ethnic state framework. The chapter also emphasizes the continuity of its evolution in terms of time, contents, and thought. Furthermore, it discusses the far-reaching influence of the legal traditions, both across neighboring regions and through successive historical periods. The unique core values—such as the integration of rites and law, the people-centered thought, a preference for harmony over litigation, the primacy of morality over punishment, ideals of legal equality, and the humanitarian principle of leniency—are also examined. Lastly, the chapter outlines the advantages of codification in maintaining unity, enabling reform, achieving legal unification, and showcasing legal craftsmanship.