ABSTRACT

This chapter attempts to sketch the main movement of legal modernisation in China. By doing so, it is hoped that the main features of contemporary Chinese law can be outlined and the nature of Chinese law can be better understood in a developmental perspective. The chapter outlines, briefly, the achievement of legal development in post-Mao China. It addresses the transformation of Chinese law from its traditional form to the current Western form. The chapter examines the conceptual changes towards the role of law in society. It suggests that the transformation of Chinese law is yet to be completed, but that a foundation has been laid for the future development of Chinese law in line with commonly accepted international standards for justice and fairness. Chinese law has been transformed and continues to be transformed both formally and substantially: in its form, that is, in legal style, methodologies, terminologies, structure, etc, Chinese law is now Western.