Social Sciences in China Review

No.3, 2019

 

Beyond “the Dispute between China and the West”: A Century’s Evolution of Jurisprudence in China (Abstract)

 

Sun Mingchun

 

Chinese traditional law has its own development logic and normative system. In modern times, under the strong influence of overseas legal systems and legal thought, the Chinese legal system has been disintegrated, which has led to “the dispute between China and the West” and “the change of the past and the present” today. Through a basic summary and review of the evolution of jurisprudence in China in the past century, we can find that almost all the debates and disputes that have taken place in the legal world can be roughly included into “the dispute between China and the West.” History and practice have proven that sticking to one’s own opinion is not conducive to consensus. Therefore, this article attempts to provide a construction plan that transcends “the dispute between China and the West” for the future development of jurisprudence in China. This plan specifically includes the persistence of a national stance, the reorganization of traditional resources, the shaping of practical character, and the promotion of open research.