Genesis, Evolution and Prospective of the Civil Law in China
Genesis, Evolution and Prospective of the Civil Law in China

Summary/Abstract: A study which intends to trace the genesis and the development of the Chinese civil law must necessarily cover the whole territory of the codified laws of China. The Codes of the Imperial period, in view of their particular structure and content, can be read at four levels. All the codes, which precede the Tang Code, have to be read at the first level, because we are in possession only of the names of the sections. But already this kind of reading is sufficient and permits us to understand what were the social and economic realities, which determined that particular structure of the code. In fact, each Chinese code, as all the codes in the world, forms a system, and the analysis of the way the juridical elements are distributed reveals what we can call the organisational intelligence of the legislator. By studying the structure of a code you can understand the reason why a set of rules was adopted, and evaluate, according to the place given to such and such a rule inside the code, what was the degree of importance of the social and economic phenomenon for which the rule had been created.

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