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Chinese Legal Culture


We apply a concept of legal culture in order to tackle the challenges of studying Chinese law from an external and comparative perspective. While the context of law is regularly omitted in doctrinal legal research that takes an internal, participant-oriented approach to its object of study, external factors are more relevant for the understanding of foreign law if the people who study such law do not share the same preconceptions and preconceived attitudes as those who create and apply the law. Hence, an approach to the research of Chinese law that is specifically sensitive to the historical, political, economic and institutional conditions of the creation, application and enforcement of law appears most suitable in order to avoid misconceptions and misrepresentations about the meaning and operation of Chinese law.

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