The Chinese legal family (CLF), as one of the oldest legal systems in the world, boasts a long history and rich cultural connotations. Its evolution process not only reflects the political, economic, and cultural changes in Chinese society but also has a profound impact on the modern legal system. With the advancement of globalisation and the deepening of international exchanges, the uniqueness of the Chinese legal system and its significance to modern society have attracted increasing attention, from its historical evolution to its comparison with other legal systems, to its application and influence in modern society. It is, therefore, crucial to re-examine the fundamental significance of the Chinese legal system and explore how the quintessence of the Chinese legal system is integrated into the socialist rule of law with Chinese characteristics through innovation and transformation (Wei, Reference Wei2023, p. 4).
Under such circumstances, the publication of Chinese Legal Family and Chinese Modernization of Rule of Law, written by Xiaobo Dong and Yafen Li, marked a significant turning point in the research of the Chinese law system. This work provides a comprehensive overview of the CLF, the modernisation of the rule of law in China, and how the CLF was inherited and developed in this given context. The book gives a nuanced analysis of how traditional Chinese legal thought, influenced by Confucian, Legalist, and other indigenous philosophies, has evolved and integrated with modern legal principles to form a distinctive Chinese approach to the modernisation of the rule of law. As a key reference for understanding China’s legal modernisation, this book illuminates the historical roots and future trajectory, deepening the understanding of China’s legal landscape.
The book is structured into four parts, divided into nine chapters. The first part of the book consists of three chapters, centring on the CLF, with each chapter discussing the historical origins, formation conditions, and distinctive features of the CLF, respectively. By incorporating the unique patterns and classical legal philosophies, this part gives readers a clear understanding of the development route and legal culture of the CLF, while simultaneously underscoring the wisdom for contemporary legal innovation.
Chapter 1 traces the origins of the CLF from the Xia, Shang, and Zhou dynasties to its further development during the Qin and Han dynasties, reaching its peak with the Tang Code. Typical judicial laws and legal codes of each period are clearly elaborated on, from “divine judgments,” during the Xia and Shang dynasties, to the legal thought of Ming De Shen Fa, “the promotion of virtue and the imposition of penalty with prudence,” to the codified laws during the Spring and Autumn and Warring States periods, the benevolent governance in the Han dynasty, etc. Consistent with prior research, the significant role of the Qin legal system is emphasised because of its great contribution to the development of the CLF (Tang, Reference Tang2025). The maturation stage highlights the Tang Dynasty’s Tang Lü Shu Yi, “the Tang Code with Commentaries,” as a pinnacle of Chinese legislation, embodying a combination of moral and legal governance. The chapter concludes with the modern and contemporary transformation of China’s legal system, particularly after the founding of the People’s Republic of China, emphasising the role of law in promoting socialist construction and maintaining the socialist order.
The legal system was not formed by law alone, but rather emerged through a convergence of historical, geographical, national and political, and ideological factors. As expounded in Chapter 2, various conditions enabled the formation and expansion of the CLF across East Asia. Historically, the foundations of the CLF could be traced to the slave law and early feudal laws, particularly the integration of Li “rites” and Lü “codes,” which laid the groundwork for later legal systems. In terms of geography, China’s central location and its proximity to Japan, Korea, and Vietnam facilitated the formation of the CLF. Politically, the shared national conditions and the tributary relationship between China and its neighbouring countries made it possible for the formation and spread of CLF. On top of these factors, it is emphasised that Confucianism served as a unifying worldview that deeply influenced legal systems across regions like ancient Korea, Japan, and Vietnam. Additionally, the transmission of legal information by skilled legal professionals and the Chinese language also played key roles in transplanting and adapting Chinese laws. While language maintained a consistent, albeit secondary, role in broader legal discussions, its specific influence in these contexts was particularly significant (Ioriatti, Reference Ioriatti2021, pp. 306–9). Together, these factors created the conditions for a vibrant and comprehensive East Asian legal culture centred on the CLF.
Delving into the CLF’s key characteristics, Chapter 3 first reveals a profound originality deeply rooted in Chinese civilisation. This originality was derived from multiple factors, including the economic structure, kinship and geographic bonds, autocratic political system, Confucianism, and the multi-ethnic state framework. The second major feature is its continuity in evolution, in terms of time, contents, and thought, with inheritance and innovation from various generations over two thousand years. Particularly, the book cites such legal principles and philosophies as Yi Min Wei Ben, “the people-centred thought;” Li Fa Bing Yong, “the integration of rites and laws;” and Ming De Shen Fa, “the promotion of virtue and the imposition of penalty with prudence.” Far-reaching influence, both horizontal and vertical, is the third characteristic, that is, its significant impact on other East Asian countries and close connection between the modern legal system and its historical legal tradition. The chapter also highlights the CLF’s unique core values, with a governance strategy that integrates rites and law, the people-centred thought, the pursuit of harmony and non-litigation, and the principles of legality and proportionality in sentencing and leniency. Concluding the chapter, the author emphasises the function of codification, which contributes to national unity, stability, adaptation to reforms and policies, legal unification, and craftsmanship.
Building upon a comprehensive analysis of the CLF, Part Two (from Chapter 4 to Chapter 6) shifts to the Chinese modernisation of the rule of law, with emphasis on its conceptual connotations, basic characteristics, and overall goals. Chapter 4 outlines the conceptual framework of the Chinese modernisation of the rule of law, emphasising conceptual connotations, historical continuity, socialist distinctiveness, and autonomous development. Rooted in 5000 years of legal tradition and grounded in China’s national conditions, the Chinese modernisation of the rule of law is a path of socialist rule of law with Chinese characteristics that integrates domestic with international contexts, Marxist rule of law theory with China’s realities, and traditional Chinese legal culture (Huang and Yan, Reference Huang and Yan2025, p. 176). A distinct socialist nature is reflected, as the book emphasises, in the leadership of the Communist Party of China (CPC), the system of socialism with Chinese characteristics, and the people-oriented development concept. The chapter then accentuates the objective laws of legal modernisation from various perspectives and concludes with the type of development of the rule of law, that is, the inherent character of autonomous development.
Chapter 5 examines the basic characteristics of the Chinese modernisation rule of law, emphasising the CPC’s adherence to the integration of Marxist theory on the rule of law with real conditions and circumstances and Chinese legal culture. Among these core characteristics, upholding CPC’s leadership comes first, which plays a pivotal role in strengthening top-level design, the development path, and strategic decision-making (Wang, Reference Wang2025, pp. 10–12). Additionally, it is argued that the people-oriented development concept is proposed as a core value to maintain social fairness and justice. Furthermore, the concept of good laws and good governance is highlighted, with good laws as the prerequisite and good governance as the objective. The chapter also analyses China’s global positioning as a model of collaborative governance, promoting mutual learning between civilisations and contributing to a more inclusive international legal framework. By the chapter’s end, the author reiterates China’s rule of law development as a dynamic, evolving process that goes beyond traditional Western legal models and can serve as a valuable experience for other developing nations.
After the investigation of the basic characteristics, Chapter 6 outlines China’s objectives for legal development, emphasising the key role of the CPC in guiding this transformation. The chapter asserts that establishing a socialist rule of law system with Chinese characteristics is fundamental to advancing comprehensive law-based governance. Key to this modernisation is the development of a well-structured system of legal norms, with a legislative-first approach that upholds the principle of legislation for the people and incorporates socialist core values. The modernisation of the national governance system and governance capacity is stressed to be related to the improvement of the Party’s governance capacity and level. Furthermore, the chapter links the rule-of-law modernisation to the great rejuvenation of the Chinese nation, positioning it as an institutional guarantee for national progress. It is emphasised that this great rejuvenation cannot be separated from the realisation of the goals of the Chinese modernisation of the rule of law, as it serves as the institutional driving force and the guarantee of action. The chapter concludes with the necessity of establishing a law-based country, government, and society, as well as the corresponding elements, such as a strategic framework, organisation, and talent guarantee.
The enduring legacy of China’s legal culture and its modern relevance, and its synthesis of Confucian ethics and Legalist governance, offer a unique model for socialist rule-of-law modernisation. The core principles—people-oriented governance, moral-legal balance, and holistic dispute resolution—remain vital for addressing contemporary challenges (Zhang, Reference Zhang2023, p. 200). Similarly, Part Three explores the inheritance and development of the CLF in the Chinese modernisation of the rule of law. Chapter 7 explores how China’s modernisation of the rule of law is deeply rooted in and transformed by its traditional legal culture. This chapter highlights three key aspects: “Upholding the Law and Strengthening the Country Through Law,” which connects ancient Chinese governance philosophies, particularly Legalist and Confucian views, to the modern belief that the role of law is to ensure long-term national security; “Codified Legal Civilization and Good Governance Through Good Laws,” which traces China’s historical emphasis on written laws, exemplified by the new “Civil Code;” and “The People as the Foundation of the State,” which emphasises the enduring people-centred philosophy, underscoring public well-being and participation. The chapter ends with the complementary roles of morality and the importance of selecting highly competent and morally upright legal professionals to ensure the effective implementation of the rule of law.
Chapter 8 explores the importance and meaning of the revitalisation of the CLF in modern times. It is worth mentioning that transforming and innovating the legal culture is no mechanical repetition but rather a complex integration and creation. In this chapter, tasks such as improving sound lawmaking, promoting strict law enforcement, and guaranteeing impartial administration of justice are proposed. Moreover, it is worth noting that the Chinese modernisation of the rule of law boasts unique Chinese characteristics while at the same time sharing some common features like respect for human rights and the supremacy of the constitution. Four typical features are presented, including the leadership of the CPC, the uniqueness of the modernisation path, the continuity of ancient legal culture, and comprehensive law-based governance. The contribution to the building of an independent Chinese legal knowledge system is another important value of the revitalisation of the CLF. This is reflected in boosting confidence in the theory, system, and culture of socialism with Chinese characteristics and educating more highly qualified rule-of-law talents.
As the entire Chinese nation promotes the Chinese modernisation of the rule of law, the concept of CLF embodies novel meaning in the new era, and Part Four, the concluding part (Chapter 9), addresses this topic precisely. The influence of the CLF declined after the late Qing dynasty, but the CLF itself did not. In short, the CLF represents a profound achievement in self-governance, embodying Chinese legal wisdom and contributing significantly to global civilisation. More than a historical artefact, CLF serves as a critical intellectual resource for modern legal development. This legal system is not static but a dynamic framework capable of evolving, whose ultimate goal is to advance Chinese legal civilisation, promote national development, and offer distinctive wisdom for addressing contemporary global challenges. The CLF represents a new form of legal civilisation that bridges traditional understanding with modern global needs. Under the leadership of CPC, the legal system has found its most suitable path—the socialist rule of law with Chinese characteristics. This approach is considered fundamental to the nation’s rejuvenation, uniquely combining traditional Chinese legal culture, socialist principles, and global legal insights.
In conclusion, Chinese Legal Family and Chinese Modernization of Rule of Law not only lays a solid foundation for interactions between the international community and China but also expands the theoretical and practical possibility for mutual dialogue on legal discourse. From the perspective of international legal system studies, its in-depth analysis of the integration of traditional Chinese legal thought with the Chinese modernisation of the rule of law provides a critical framework for the international community to systematically understand the historical context and contemporary characteristics of the Chinese legal system. From the perspective of cultural dissemination, this groundbreaking work incorporates historical culture and modern legal governance. The book thus offers global readers a more comprehensive understanding of Chinese legal culture. In terms of legal talent cultivation, its mapping of the modern reinterpretation of traditional Chinese legal thought offers historical reference for understanding the logic that connects Chinese characteristics with international norms, providing vital knowledge bridges for cultivating well-rounded professionals with both cultural self-awareness and global vision. More notably, the book’s in-depth exploration of China’s rich legal culture provides new dimensions for legal translation studies, offering a reference for the translation of classical Chinese legal texts and the global communication of China’s legal discourse.
