Comparative Law Scholarship in China in 2014

Abstract

The comparative law scholarship in China in 2014 can be defined by two key words, namely, the rule of law and globalization. The fourth Plenary Session of the eighteenth Communist Party of China’s Central Committee set out a new blueprint for the rule of law in 2014, promising sweeping judicial reforms while enhancing the overarching role of the Constitution in the country’s legal system. According to the communique, the overall target is to establish a system serving ‘the socialist rule of law with Chinese characteristics’ and building up the country under the ‘the socialist rule of law’. Against this background, it is expected that comparative law will continuously play a significant role in the development of Chinese laws and legal processes, particularly in the processes of deepening the legal and judicial reforms.

On the other hand, it is recognized that globalization has influenced every aspect of the society, including law. Legal traditions, systems, and rules have to be changed in response to the significant challenges brought about by globalization. Against this background, comparative law not only provides the possibility for communication among different legal traditions and cultures, but it also helps to identify legal problems and solutions in both national and international contexts. China and other countries have to rethink and reconsider their laws and make good use of comparative law as a significant legal method.

This report attempts to present a picture of the development of comparative law scholarship in China in 2014 by highlighting notable articles and publications as well as other scholarly activities. To begin, it introduces the published articles of qualified journals on comparative law based on statistics. Then it examines leading articles to highlight Chinese concerns and ideas on specific issues of comparative law studied by Chinese comparatists. It reviews other remarkable activities on comparative law, including relevant publications, journals, and exchanges. It concludes with a discussion of the achievements and defects of comparative law scholarship in China in 2014.

Keywords: Comparative law scholarship; China; rule of law; globalisation

JEL Classification: K10; K33; K39; K40