Studies on the sources of change in the Chinese legal system are usually based on the statist epistemology, i.e. the will of the state directs and even determines all aspects of change in the legal system. Although th...Studies on the sources of change in the Chinese legal system are usually based on the statist epistemology, i.e. the will of the state directs and even determines all aspects of change in the legal system. Although this epistemology can partially explain the re-creation of the Chinese legal system during the earlier period of reform and opening up, it fails to provide a comprehensive picture of the present complex situation. Taking as an example the changes in the Chinese legal profession during reform and opening up, this study employs quantitative data and empirical methods to explore the multiple dynamic impacts of the state, the market and society on the Chinese legal system. The study also proposes a theoretical framework of ＂structural constraints＂ on legal change. Since reform and opening up, the Chinese legal system has undergone a transition from state dominance to multi-agent interactions between the state, the market, society, and the legal system itself.展开更多
The theory and practice of intellectual property law in China have gone through a process of transplantation,introduction,self-reliance and innovation.In the past 40 years of reform and opening up,starting from basic ...The theory and practice of intellectual property law in China have gone through a process of transplantation,introduction,self-reliance and innovation.In the past 40 years of reform and opening up,starting from basic national conditions and development needs,China has correctly grasped institutional attributes and functions,shaped legal value objectives,constructed operational mechanisms for the rule of law and development,proactively carried out institutional transformation and reconstructed the spirit of law,thus achieving the localization of intellectual property law.At the same time,China has been active in responding to the issues of pluralism,stages,risk and non-modernity in the development of legal modernization and has promoted the development of the knowledge economy through institutional innovation in intellectual property;at the same time,it has effectively coped with the issues of diversification,fragmentation and unilateralism in the course of legal integration and has participated in the construction of a global governance system for intellectual property,thereby providing a new impetus for the international protection of intellectual property.On the basis of the sinicization or localization of intellectual property law,China has found its own means of achieving the modernization of law and its own road to the choice of legal integration.The basic orientation of its legal changes offer rich innovative connotations and a clear practical direction.展开更多
基金financial support from the Shanghai Oriental Scholar research project (2011)
文摘Studies on the sources of change in the Chinese legal system are usually based on the statist epistemology, i.e. the will of the state directs and even determines all aspects of change in the legal system. Although this epistemology can partially explain the re-creation of the Chinese legal system during the earlier period of reform and opening up, it fails to provide a comprehensive picture of the present complex situation. Taking as an example the changes in the Chinese legal profession during reform and opening up, this study employs quantitative data and empirical methods to explore the multiple dynamic impacts of the state, the market and society on the Chinese legal system. The study also proposes a theoretical framework of ＂structural constraints＂ on legal change. Since reform and opening up, the Chinese legal system has undergone a transition from state dominance to multi-agent interactions between the state, the market, society, and the legal system itself.
基金a product of the “Discipline Innovation and Talent Introduction in Higher Learning Project(111 Project)”(B18058)funded by the Ministry of Education and the State Administration of Foreign Experts Affairs。
文摘The theory and practice of intellectual property law in China have gone through a process of transplantation,introduction,self-reliance and innovation.In the past 40 years of reform and opening up,starting from basic national conditions and development needs,China has correctly grasped institutional attributes and functions,shaped legal value objectives,constructed operational mechanisms for the rule of law and development,proactively carried out institutional transformation and reconstructed the spirit of law,thus achieving the localization of intellectual property law.At the same time,China has been active in responding to the issues of pluralism,stages,risk and non-modernity in the development of legal modernization and has promoted the development of the knowledge economy through institutional innovation in intellectual property;at the same time,it has effectively coped with the issues of diversification,fragmentation and unilateralism in the course of legal integration and has participated in the construction of a global governance system for intellectual property,thereby providing a new impetus for the international protection of intellectual property.On the basis of the sinicization or localization of intellectual property law,China has found its own means of achieving the modernization of law and its own road to the choice of legal integration.The basic orientation of its legal changes offer rich innovative connotations and a clear practical direction.
