Contentious Modes of Understanding Chinese Commercial Law
The George Mason Journal of International Commercial Law, vol. 6 (2014/2015), pp. 177-200
29 Pages Posted: 15 Jul 2015 Last revised: 27 Aug 2015
Date Written: July 14, 2015
Is Chinese commercial law simply a copy of German and other Western commercial laws, a “mystery” that Westerns cannot understand, or an “irrelevance” given the role of culture and politics in China? This article critically discusses these three modes of understanding. It is found that, while they seem to have some initial plausibility, one also has to be aware of their shortcomings. Thus, in the understanding of Chinese commercial law, it is most appropriate to take into account all three modes, as well as their limitations. This article also suggests approaching this topic as a “bilateral process” since the understanding of Chinese law also depends on the way Chinese law-makers understand Western legal systems.
Keywords: Comparative law, Chinese Commercial Law, Legal Transplant, Legal Families, Corporatism, Confucianism, Law and Development
JEL Classification: K12, K22, K42, N25, N45, O17, O43, P37
Suggested Citation: Suggested Citation