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The Modernization of Chinese Civil Law over Four Decades |
WANG Liming() |
Professor, School of Law, Renmin University of China, Beijing, China; Chairman of the Civil Law Society of China and Executive Vice President, Renmin University of China, Beijing 100872, China |
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Abstract This article reviews the historical development of Chinese civil law since reform and opening up of China and argues that the primary achievement of civil law legislation over the last four decades has been the formation of a comprehensive civil legal system. Today’s civil law system in China not only satisfies the institutional requirements for building a market economy but also constructs a legal rights system and establishes fundamental civil law principles, such as individual autonomy, equal protection, good faith, and fairness. In the 40 years since reform and opening up, there have been significant innovations with regard to the specific systems, systemic structures, and fundamental principles of Chinese civil law. This article summarizes the experiences of China’s civil law legislation since reform and opening up and looks ahead to how the anticipated “civil law codification” suitable for the modern era will develop a modern legal code based on China’s domestic circumstances.
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Keywords
reform and opening up
40 years
Chinese civil law
civil law codification
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Issue Date: 17 April 2019
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