Understanding China, One Blog at a Time

An American in China

Chinese “Law”

Posted by w_thames_the_d on February 11, 2011

The author of this snippet is an expert in the field. He is considering the rule of law in China and how they can ever achieve such a thing.

Excerpt from Is China Law an Oxymoron Randal Peerneboom

“…this dichotomous understanding threatens always to condemn “Chinese law” to the status of an oxymoron, for historically Chinese legal institutions have been built on the ideological premise of rule of men (that is, men of either Confucian or socialist virtue). As a case study of the construction of Chinese law as congenitally lawless, and of the concomitant Western mandate to export law to China, I examine Thomas Stephens’s study of the International Mixed Court in early twentieth-century Shanghai.3 In theory, this court was charged with applying Chinese law to the Chinese residents of the socalled International”


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