中国における西欧法継受の「租界化」戦略

• 季 衛東

  神戸大学法学部

書誌事項

タイトル別名

• The "Concessionization" Strategy for Adoption of Western Law in Chinese Mainland

抄録

Because Chinese law which lack the private law mentality is so different from western law, the adoption of the later in Chinese society may be most difficult. In the first thirty years and more of the twentieth century, China had tried at least twice to import western law. The first attempt was the Constitutional Reform at the end of the Qing Dynasty. The second attempt was the Codification in the Republie of China. But they all came to a pfematufe end. Now the third attempt has been carrued out since 1979. Its unique style can be diecribed as that (1) the adoption of foreign law in laws concerning economic affairs goes ahead of domestoc laws, and (2) legal practitioners play an important role in extending the influence of rexeived foreign law. Here the domain of laws concerning foreign economic affairs just like a "concession" for transplanting foreign laws. By this way the legal reform may be counted on progress step by step in due order. In other words, we can say that the "concessization" strategy is not adoptive but adaptive.

収録刊行物

• 法社会学

  法社会学 1991 (43), 148-154,229, 1991

  日本法社会学会

詳細情報

• CRID: 1390001205302847744
• NII論文ID: 130003570807
• DOI: 10.11387/jsl1951.1991.148
• ISSN: 24241423
• ISSN: 04376161
• データソース種別:
  • JaLC
  • CiNii Articles
• 抄録ライセンスフラグ: 使用不可