Introduction

1.Introduction

Chinese law is one of the oldest legal traditions across the globe which has been widely recognized as one of the world’s major law families.In ancient times,Chinese law influenced and shaped the laws of its neighboring countries,such as Japan,Korea,and Vietnam.1 However,out of complicated reasons,Chinese social and legal development lagged far behind the West World since the 19th century.In the 20th and 21st century,law in China has been a complex mix of traditional Chinese approaches and Western influences.

For most of the history of China,its legal system has been based on the Confucian philosophy of social control through moral education,as well as the “Legalist” emphasis on codified law and criminal sanction.Following the Xinhai Revolution of 1911,the Republic of China adopted a largely Western-style legal code in the civil law tradition (specifically German-influenced).The establishment of the People’s Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law.However,earlier traditions from Chinese history have retained their influence,even to the present.(https://www.daowen.com)

Since the early 1980s,law and legal system in the People’s Republic of China have been undergoing gradual reform,as many elements inside and outside the country emphasize the need to strengthen the rule of law in China,and international trade and globalization spur transformations in various areas of Chinese law,including private international law.Since then,Chinese law in almost every aspect has been developing by leaps and bounds,and the differences between Chinese and western law seem to be getting smaller with the acceleration of globalization.