“The Historical Development of the Civil Law Tradition in China” by Prof. Chen Lei
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This seminar explores the reasons and significance of the reception of the civil law tradition in early twentieth century China. Emphasis is placed on contract and property law because many far-reaching transplants have taken place in these areas. An examination of why China needed to transplant western law into its legal system at this time will explain why the civil-law model rather than common law was adopted in the country’s early efforts to modernize its legal system. Subsequently, the historical evolution of the civil law tradition in China will be examined chronologically from the Republic era through the Mao era, and then from the post-Mao era to the present. Specifically, the role of the civil law tradition in the newly enacted General Provisions of Civil Law of 2017 is elaborated upon.

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