"Chinese Law: Context and Transformation" - Summary

Jianfu Chen argues that understanding Chinese law requires appreciating the historical and socio-economic context in which it has evolved. He highlights how traditional Chinese legal culture, influenced by Confucianism and Legalism, has interacted with modern legal concepts introduced from the West. This interplay has resulted in a unique legal system that blends elements of socialism, civil law, and traditional Chinese thought.

The book examines the extensive legal reforms undertaken by China since the late 1970s as part of its modernization drive. Chen analyzes the successes and challenges of these reforms in various areas such as constitutional law, criminal justice, civil and commercial law, and international economic law. He sheds light on the ongoing efforts to strengthen the rule of law, enhance legal institutions, and promote judicial independence in China.

The book emphasizes that the transformation of Chinese law cannot be understood in isolation from China's increasing integration into the global economy. Chen examines how China has adapted its legal system to meet the demands of international trade and investment, including issues related to intellectual property, foreign investment law, and dispute resolution. He also explores the challenges China faces in balancing its domestic legal priorities with its international commitments.