Translated Titles

The Destiny of Common Law System in Chinese Mainland




魏衍亮(Yan-Liang Wei);葉東蕾(Dong-Lei Ye)

Key Words

普通法制度 ; 大陸法制度 ; 分析哲學 ; 技藝理性 ; 尋租 ; 中國大陸 ; common law system ; continental law system ; analytical philosophy ; ration with technique ; rent-seeking ; Chinese Mainland



Volume or Term/Year and Month of Publication

10期(2003 / 01 / 01)

Page #

177 - 228

Content Language


Chinese Abstract


English Abstract

The article brought forward the point of view that Chinese Mainland shouldn't be regarded as a country with socialism law system any longer, but had become a country with continental law system similar to Germany, France and Japan. However, private rights are being granted and deprived by public powers too frequently and too broadly in Chinese Mainland. The former is dependent upon the latter. Chinese Mainland can't shun a phase of large-scaled privatization in its process of building a country with modern law systems. After the said phase, Chinese Mainland would become a modern country with continental law system similar to Germany or with common law system similar to the U.S. The article discussed the history, the institutional natural gifts as well as the merits of common law system. It opined that Chinese Mainland should choose to develop common law system. It also listed seven causes that would lead to the acceptance of common law system by Chinese Mainland. In the end, the article underscored that the destiny of the modernization of the legal system of Chinese Mainland wouldn't be determined by the choice of Chinese Mainland to copy enough substantial provisions from civil, criminal or administrative codes of foreign countries, but by its choice to establish a kind of developed common law system with the ability of releasing private allegations on a large scale.

Topic Category 社會科學 > 法律學