This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements.
The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.
Author(s): Maria Francesca Staiano
Series: Understanding China
Publisher: Springer
Year: 2023
Language: English
Pages: 83
City: Singapore
Foreword
Premise
Contents
1 Traditional Elements in the Chinese Legal System
1.1 Legal Tradition: The Evolution from the Sinic Legal System to the Chinese Legal System
1.2 Origins of the Conception of the Rule of Law in China
1.3 Humanism or Not Humanism?
1.4 Roman Law in Chinese Law: “Double Philosophical Tradition” System
1.5 The Two Silk Routes: An Ancient Way to Globalisation of Law?
References
2 International Law as a Pioneer in the Chinese Domestic Juridical System
2.1 “Constitutive Union” Between the General Theory of Law and the International Relations Theory in China
2.2 The Issues of International Agreements on Human Rights as a Fundamental Step in Building the Chinese Law System
2.3 The Development of Chinese Domestic Law in the Light of International Agreements on Human Rights
References
3 The Evolution of the Chinese Legal System: Building a “Rule of Law” with Chinese Characteristics
3.1 Building a System of Socialist Rule of Law with Chinese Characteristics
3.2 Constitutional Reforms
3.3 Chinese New Civil Code: Unification and Humanism in Chinese Law
References
4 Building a Community with a Shared Future for Mankind: Legal Internal Elements and International Vocations
4.1 The Idea of “Prosperous State” in China: Legal Humanistic Aspects
4.2 Building a Community with a Shared Future for Mankind: The Thought of Xi Jinping on Rule of Law
4.3 The Materializations of a Prosperous State and Community with a Shared Future
4.4 Some Final Remarks
References
5 Building a Community with a Shared Future for Mankind in International Law Through the Chinese International Relations Theories
5.1 Chinese Characteristics and Their Importance
5.2 The Main Chinese International Relations Theories
5.2.1 The “Relational” Theory of International Relations
5.2.2 Human Authority
5.2.3 The Symbiotic International System
5.2.4 The Community with a Shared Future for Mankind
5.3 Building a Community with a Shared Future for Mankind: From Theory to Practice
5.4 Some Final Remarks
References
6 Symbols and Signs
References
