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Chinese Legal Culture: From Tradition to Modernity

Modern China legislation was formed under the direct influence of the legal culture of old (traditional) China. The Chinese civilisation has existed for thousands of years, and during this time fundamental philosophical, political, and legal doctrines, which laid the foundation for the legal consciousness of the Chinese citizen have arisen. This is especially true of Taoism, Confucianism and Legalism. While the influence of Taoism on Chinese law is not obvious, the confrontation between Confucianism and Legalism led to a synergy of these two opposing doctrines in the legislation: Legalism stood up for the high Confucian morality. Modern Chinese law is quite repressive, with the institution of the death penalty and criminal liability of organisations. The institution of reporting (denunciation) planned and committed offenses is widespread. This has its origins in Legism. At the same time, developed mediation, legislation in the field of protection of rights of the elderly, the existence of an examination filter system for obtaining official positions is an attribute of Confucianism. Taoism shows itself in the Chinese philosophical attitude to law. It is characterised by a dislike of written law, a desire to keep a respectful distance from the law, a disregard for legal prescriptions. Taoism, Confucianism and Legalism, combined with the law of socialist countries, and the borrowing of progressive West European legal institutions, have created a unique «legal system with Chinese specificity,» which is filled with the necessary laws even today. This «rattlesnake mixture» works according to quite transparent rules, but is difficult to embrace by Western scholars, who believe that the Chinese do not know the law. This is not entirely true: the Chinese do not like positive law, whereas natural law has always existed in their society. This is particularly discussed in this article, and specific examples from contemporary Chinese legal reality are given.