社科网首页|论坛|人文社区|客户端|官方微博|报刊投稿|邮箱 中国社会科学网

此页面上的内容需要较新版本的 Adobe Flash Player。

获取 Adobe Flash Player

Monographic Studies【Font:Small Big

Imported Rules and Traditional Customs in the Process of Legal Modernization

Author:   Li Qicheng    Update Time:2015年06月02日

One of the main conundrums in China’s legal modernization is how to tackle the question of legal transplantation, i.e. the question of linking up imported rules and traditional customs. In the specific instance of jurisdiction over cases of sacrificial fields, regulation involved choosing the legal theory most fitted to this task. In the Republican era, the Dali Yuan and its successor the Supreme Court ruled on cases of sacrificial fields according to the theory of joint ownership, gradually transforming traditional customs in line with the requirements of modern social development by means of exhaustive reasoning, while paying due regard to the particularity of tradition. The legal theory of joint ownership that originated in the West was further developed during this process. This approach of trying to harmonize imported rules with local customs has been adopted in today’s civil justice.



Institute of Modern History, Chinese Academy of Social Sciences

Add.:1 Dong chang Hutong, Wangfujing Dajie, Beijing, P. R. China Post Code:100006 Tel.:65255400

Support:PowerEasyCMS