Theoretical difficulties in the study of the law of the PRC

Abstract

In particular, the knowledge of Chinese law, which was previously obtained by our national science, is not being sufficiently used nowadays. Russian legal scholars know little about the original latest legal theories of their Chinese colleagues. Studying the most complex legal phenomena in modern China requires taking into account the peculiarities of its national legal culture. In order to understand Chinese legal culture, we can refer to Chinese literature. It is advisable to use the cognitive potential of legal ethnology in the study of Chinese law. The problem of law sources is one of the most important as well as difficult for studying. One should keep to unified terminology developed by the theory of law, taking into account the fact that the law sources reveal their “specifics” within a particular legal system. Difficulties often arise in determining the meaning of translated legal terms when correlating them with the concepts that could seem similar for the Russian and Chinese legal systems. As an example, we consider the specific names of the acts of the Standing Committee of the NPC, which adopts laws, regulations, resolutions, regulations, and rules. Regarding all the complexities, researchers are recommended to turn to the experience of Soviet law, and pay attention to the fact that in order to qualify the acts of the Standing Committee of the NPC it is necessary to use not only a formal, but also a substantive criterion, as well as a criterion of legal force. No less of a problem is the study of the interpretation of the norms of Chinese law, formulated in various sources. From the formal legal side it is important to study the interpretations of the Standing Committee of the NPC. However, their small number confirms the importance of the explanations of the Supreme People’s Court on the current legislation application, as well as the special role of the Governing Court Cases of the Supreme People’s Court as models for resolving cases.