ABSTRACT

The conclusion first briefly outlines China’s Fifth Constitutional Amendment under Xi Jinping and also discusses the diversity of Western scholarship on China’s legal development. Some scholars believe that Confucian culture was not conducive to modernity in general and the legal system in particular; others disagree by saying that historical accidents such as the Qing (1644–1911), rather than tradition, prevented China from developing into a modern nation; still others believe that traditional Chinese legal culture has elements of modern legal culture. Others contend that there is no such a thing as a universally accepted modern legal system because Western legal systems are diverse and ever changing, while some believe that the current Chinese legal system has a legitimacy of its own.