Symposium 2004:

Culture, Law and Order:
Chinese and Western Traditions

The history of Chinese law is illustrated by three famous codes: the Tang Lü, the Ming Law Codes and the Qing Law Codes. Despite the fact that, for centuries, the country had been broken up into separate kingdoms, or also governed by non-Chinese, in its basic elements the legal system of China remained stable.

However, these three famous law codes dealt with criminal law only. Apparently, there was no civil law. The domestic order of the family clan, though, was protected to an excessive degree by the legal order, and infringements of family or private property were severely punished.

The stability of the legal system ensured the stability of the society and guaranteed that people knew their rights and their duties. This stability, however, involved rigidity and incapacity for adaptation to the radical changes brought forth by a radically changing world. In Europe, the barbarians who broke up the Roman Empire brought in a new and less civilized legal outlook, moderated only to some extent by humanitarian Christian principles.

In the modern era in China, after the upheavals of the Chinese revolution and at the beginning of Deng's modernization period, the reintroduction of law has been the national mood and was seen as a means to assure the success of modernization. But this has not developed without difficulties.

Most recently, for China to enter the WTO implies that China in many ways had more interaction with the international community.It seems, therefore, that the Chinese legal system has been moving towards more compliance with international standards.

The central questions of the symposium will address are related to:

Value System, Law and Order in Contemporary China

Here are some suggestions for further research in the Symposium:

What is the relationship between Culture and Law in Western History? In the development of
Chinese History?

The « Rule of Law » being a concept of western origin, can such a legal concept be implemented into the Chinese society with its proper cultural heritage?

Can the rule of law in China be the same as in the West?

Dates: November 24, 25, 26, 2004

Venue: Inspiration Building, Institute For Tourism Studies, Macau.