The emerging doctrine of precedents in China and the reform of private law

Topic: The emerging doctrine of precedents in China and the reform of private law

Presenter: Professor Bing Ling - Professor of Chinese Law, Sydney Law School

The continental civil law tradition provides a dominant paradigm for the development of a new legal system in China. But the recent decades have witnessed a growing use of case law in Chinese legal reform. A number of factors contributed to this. A hallmark of the law during the reform period was the extensive use of broad principles and general policies in legal drafting. The application of such laws required the courts to develop operative standards and procedures through cases. Also, the growing demand by the public for fairness in adjudication pushed the courts to make conscious efforts for equal treatment of similar cases, and a systematic use of case law evolved to that end. The increasing contact with the common law world, including the integration of Hong Kong into China, enabled common law elements to be introduced to address problems in local law and administration. This seminar will examine the development of case law in China's private law reform and aims to throw some light on the emergence of a renewed Chinese legal tradition.

Contact: Law Events, email: events@law.uq.edu.au