IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this article or follow this journal

Unity or Pluralism in the Legal System? Some Observations Concerning the “Rediscovery” of Customary Law in the P.R. China

  • Robert Heuser
Registered author(s):

    Whereas the existence of customary law was recognized under the Chinese legal system of the Republican Period, and customary law was explicitly mentioned in the Civil Code of 1920/30 as a source of law, after 1949 the legal system and legal science were silent on this subject for decades. With the exception of certain customs practiced traditionally by ethnic minorities, only acts promulgated by state agencies – statutes and policies – were considered to possess the quality of “law”. Since the final years of the twentieth century, this situation has been on the brink of change. This is the result of a growing consciousness on the part of both of legislators and academics concerning the necessity of considering the factual rules being practiced in – particularly rural – society, and thus recognizing the coexistence of and possible conflicts between “state law” and “folk law”. This article summarizes some highly heterogeneous cases of “folk law” as they appear in Chinese studies and shows how the official legal system is beginning to respond to the existence of “healthy” customs by recognizing them as a subsidiary source of law.

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below under "Related research" whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Article provided by Institute of Asian Studies, GIGA German Institute of Global and Area Studies, Hamburg in its journal China aktuell - Journal of Current Chinese Affairs.

    Volume (Year): 37 (2008)
    Issue (Month): 4 ()
    Pages: 165-182

    as
    in new window

    Handle: RePEc:gig:chaktu:v:37:y:2008:i:4:p:165-182
    Contact details of provider: Postal: Neuer Jungfernstieg 21, D-20354 Hamburg
    Phone: +49 (0)40 42825-593
    Fax: +49 (0)40 42825-547
    Web page: http://www.currentchineseaffairs.org
    Email:


    More information through EDIRC

    Order Information: Web: http://www.giga-hamburg.de/china-aktuell Email:


    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:gig:chaktu:v:37:y:2008:i:4:p:165-182. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Karsten Giese)

    or (Heike Holbig)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.