AN EXPLORATION OF CHINESE JURISPRUDENCE: STAGES, FIELDS, AND TOPICS BASED ON MY EXPERIENCE

Abstract

Since reform and opening up, the development of Chinese jurisprudence has experienced a tortuous course, the exploration of which is divided into three stages: the entanglement of class nature, the dual role of Western jurisprudence, and the return of Chinese jurisprudence. The author proposes a series of topics in eight fields, namely, the changes of the political and legal thoughts of the leaders of the Communist Party of China, socialist jurisprudence with Chinese characteristics, theory of the rule of law, study of sociology of law, study of comparative law, study of law and globalization, theory of legislation, and evaluation of the rule of law. Some of these topics have already been solved. For others, only the basic framework for solving the problem has been proposed. Even for the solved problems, due to social and economic changes, the solutions will need to be re-proposed. Chinese jurisprudence should face China’s problems.

Keywords

Chinese jurisprudence / Western jurisprudence / comparative law / legal sociology

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Higher Education Press