ABSTRACT

This chapter explains the importance of 'legal transplants' in a context where the globalised legal landscape is characterised by a growing interdependence between a plurality of actors, legal instruments, and values. It analyses the impact of imperialism on the development of the Chinese legal system at the end of the Qing Dynasty. The chapter argues that China's successive defeats and forced ratification of international treaties drove China into a legal reform process deeply informed by the successful experiences of foreign legal systems. It highlights the importance and own limitations of legal reforms and the rule of law in the construction of the post-'opening up' Chinese legal system. The chapter concludes by highlighting the actual prospects and potential difficulties the European Union (EU) and China are likely to encounter in the context of their new-born bilateral Dialogue on Legal Affairs.