ABSTRACT
The Chinese legal system is not a formally regulated and rationalized system but a more traditional, particularly Confucianism-based system. The traditional institutions focus more upon dynamic relations defined by Confucian ethics. At the same time, due to the external pressure of becoming more efficient in terms of administration against foreign invasion, a modern text of codes was called for by the government and intellectuals. From a historical perspective, Chinese criminal procedure is far from a self-referential, autonomous, autopoietic system. It is widely regarded as being politicized rather than being depoliticized. The chapter uses the concept of sociopoiesis to examine Chinese legal institutions for what they are, not as they are conventionally depicted.
