Research on Chinese Legal Consciousness

1995 Fiscal Year Final Research Report Summary

• Project/Area Number: 06041048
• Research Category: Grant-in-Aid for international Scientific Research
• Allocation Type: Single-year Grants
• Section: Field Research
• Research Institution: Nagoya University
• Principal Investigator: KATO Masanobu School of Law, Nagoya University, professor, 法学部, 教授 (70009819)
• Co-Investigator(Kenkyū-buntansha): YASUDA Nobuyuki Graduate School of International Development, Nagoya University, professor, 大学院・国際開発研究科, 教授 (00242884) ; NOGUCHI Hiroyuki School of Education, Nagoya University, Associate professor, 教育学部, 助教授 (60114815) ; KOBAYASHI Masayuki Institute of Developing Economies, Research Fellow, 動向分析部, 研究員 ; 渠 涛 名城大学, 法学部, 講師 (40267969) ; 季 衛東 神戸大学, 法学部, 助教授 (70224889) ; KAWAI Mikio School of Law, ToinGakuen Yokohama University, Lecturer, 法学部, 講師 (40257423) ; OKADA Yukihiro Department of Humanities, Mie University, Associate professor, 人文学部, 助教授 (10224031) ; OHTA Syozo Graduate School of Law, Tokyo University, Associate professor, 大学院・法学研究科, 助教授 (40152136) ; ISHIDA Makoto School of Law, Nagoya University, professor, 法学部, 教授 (80114370) ; AOKI Kiyoshi School of Law, Nanzan University, Associate professor, 法学部, 助教授 (80159277) ; AYUKYO Masanori Graduate School of International Development, Nagoya University, professor, 大学院・国際開発研究科, 教授 (40126826) ; QU Tao School of Law, Mijou University, Lecturer ; JI Weidong School of Law, Kobe University, Associate professor
• Project Period (FY): 1994 – 1995
• Keywords: Legal Consciousness / China / Chinese

Research Abstract

This research project aims to make clear the difference of socio-legal structure of the Eastern and the Western societies. Social structures are controlled by many different types of social norms such as ethics, law, family structures and other social structures.
So the weight and the role of law in a society is different from a country to a country.
Before conducting this survey, we predicted that the role of law in a society would be strongest in the United States and became relatively weaker in European societies and weakest in other East Asian societies. In other words, the role of non-legal norm in societies will be strongest in East Asian societies and becomes relatively weaker in European societies and weakest in the American societies.
What type law is important is different in every country. China and other East Asian countries which have been influenced by chinese culture such as Japan and Korea, have their own history of commandment type legal form. In such countries, public an d criminal law are tend to be considered more important than private law. Private law such as civil and commercial law became important gradually in such countries through transplant of Western legal system. When we conduct an empirical research in such countries, we can measure strength of traditional law and influence of Western legal system in the following way. When people asked what kind of law do you image when you hear the word' law', some people image criminal and administrative law. In such case, traditional law remains strongly in that society. When people image private law, westernization in law has strong influence. In even domestic comparison, we can adopt the same way. If we can find big difference between young and old generations, it means that the westernization is progressing. If we can find big difference between large cities and villages, it means that societies are changing. Similarly, we can know the influence of education and occupation, etc.towards law image of people. Concrete findings are shown in the attached papers.