The prospect of convergence of the legal system of Russia and China as a legal dimension of multipolarity in the XXI century

Abstract

The article is devoted to the comparative legal analysis of the Far Eastern and Eurasian states, which is of scientific interest for synchronizing interstate cooperation and stabilizing international security by national means. The pragmatic interaction of the largest states of Eurasia is aimed at resolving the contradictions of the modern world order, largely predetermined by the desire of the United States for the global spread of the rules of the unipolar world order. The object of the scientific article is the comparative legal relations of the People’s Republic of China and the Russian Federation in the process of concrete historical development of national legal systems, which contain cumulative potential for ensuring universal peace and security. The subject of the article is expressed in a comparative analysis of the Chinese and Russian legal systems based on the analysis of the characteristic features of Romano-German, socialist and traditional (customary) law. The theoretical basis of the research is based on the comparative legal concept of Rene David and its epilogue edited by Camille Joffre-Spinosi, which crowned scientific ideas about the types of law and legal systems, as well as the periodization of historical epochs established in the humanities in the process of progressive development of mankind from the ancient world to Modern times. The methodological basis of scientific knowledge was the use of the comparative legal method, the historical-legal and formal-logical, as well as the system-structural method. As a result, the conclusion is made about the unconditional influence of the signs of the “family of socialist law” on the Chinese legal system, taking into account the declared construction of communism by 2049, as well as the completion of the “One Belt, One Road” project (the Great Silk Road). At the same time, a right-wing system of the Romano-Germanic type has developed in the Russian Federation, but Russia, as the legal successor of the USSR on its territory and in international organizations, remains the ancestor of the family of socialist law, which is the contribution of domestic science to the development of world jurisprudence. However, for the family of Romano Germanic law, the Russian Federation is too large in historical and geographical terms and is specific in legal significance, therefore, the idea of self-sufficiency of the national legal system, which is currently obviously dominated by signs of continental law, is more accurate. The mechanical attribution of the Russian legal system to the type of Romano-Germanic law, which occurred at the level of doctrine in the 90s of the XX century, is a predictable decision related to the idea of the existence of a quartet of legal families. However, Rene David in the Soviet and post-Soviet period considered Russia separately from the legal systems of the Old World and the “Young European states” proclaimed in the XX century and not having a sovereign influence on the development of world jurisprudence. These and other concepts discussed in this article illustrate the special place of the Russian Federation and the People’s Republic of China in the legal world, as well as their role as responsible participants in international cooperation.