Social Sciences in China (Chinese Edition)

No. 10, 2021

 

The Political Mechanics of Chinese Law: A Comparative Perspective Based on the Qin and Han Dynasties and Ancient Rome

(Abstract)

 

Wang Zhiqiang

 

During the important historical stage in which Chinese legal civilization was taking shape, the Qin and Han dynasties established a classic centralized system. Through the centralization of resource allocation and the strengthening of the concept of the state, they had a profound influence on several aspects of law: its formal origins, mode of implementation, areas of focus, and standards of justice. The history of Ancient Rome overlapped with that of the Qin and Han, but the two empires developed very differently. A comparison of the two shows that the differences in their legal systems were closely related to their structures of political power. Using history as a testing ground, this kind of interpretive comparison may go beyond Orientalist one of Chinese and Western law, providing a deeper description and understanding of Chinese law and tradition and elucidating the relationship between law and other elements of society.