China’s long legal history is cogently analysed by TUNG- TSU CH’U in the book Law and society in Traditional China. Obviously, there are topics deserving further research and in this talk I would like to focus on China’s old legal system and culture since some of their aspects last for more than 2000 years while others have been subject to some important transformations.
Although the old legal system formally ended with late Qing Dynasty’s legal reform at the beginning of the 20th century, the legal culture of the old system survived and is still alive in modern society in China. For instance, in some special cases, people use such traditional legal culture as a source of their arguments. And for this reason, China’s current judicial reform aiming to improve judicial reasoning also has to take into account the legal culture of the old legal system.
In this lecture, the benefits and drawbacks of judicial reasoning in traditional China will be analyzed，which will be argued also that such an understanding is also useful to build Rule of Law of Socialism with Chinese Characteristic.