Abstract

AbstractThe general knowledge about the Chinese legal system differs from its true nature. Therefore, the present gap between the law in action and law in the books from the outside needs to be bridged by a proper recognition of the underlying processes of the legal system in China. In order to do so, this chapter focuses on China’s legal system not only from a doctrinal perspective but also by assessing its history, state doctrine as well as foreign influence. It offers the characterization of a hybrid nature of China’s legal system, which is neither common nor continental. Thus, it concludes that Chinese law blends together the socialist tradition and Western elements, combining both continental and Anglo-American with ancient factors.

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