Research on the Predicament and Transformation of Traditional Legal Culture in China since Modern Times

DOI: https://doi.org/10.62517/jel.202614109

Author(s)

Qinghai Fu

Affiliation(s)

School of Marxism, Shanghai Business School, Shanghai, China

Abstract

Chinese excellent traditional legal culture is the spiritual core of the Chinese legal system, which accumulates the unique governance wisdom and value system. Since modern times, under the multiple pressures of the impact of Western legal culture, the change of social structure and the transformation of national governance, traditional legal culture has encountered survival crisis, and the system and value concept are in urgent need of reconstruction. This article systematically sorts out its modern historical situation, analyzes the driving mechanism and resistance factors of transformation, explores the specific transformation paths on the levels of system, thought and practice, and summarizes the historical experience and contemporary enlightenment of transformation. The transformation of modern traditional legal culture is not a simple Westernization or retro, but a creative transformation under the collision of Chinese and Western cultures, and the key to success lies in the organic unity of localization, absorption of the achievements of legal civilization and response to social needs. This process provides cultural nourishment for the modernization of Chinese-style rule of law, and also provides historical references for solving the traditional and modern problems of legal construction.

Keywords

Traditional Legal Culture; Modern Transformation; Changes in Circumstances; Modernization of the Rule of Law; Creative Transformation.

References

[1] Wu Shuchun. History of Chinese Legal Thought. Beijing: Legal Publishing House, 2018:15. [2] Zhang Zhenzhi, Ding Wendui. Inheritance of China's Excellent Traditional Legal Culture: Logic, Ideological Content and Practical Path. Theoretical World, 2025(11): 60. [3] Huang Yanyu. "The Second Combination": The Essential Path to Promote the Inheritance and Development of China's Excellent Traditional Legal Culture. Journal Northeast Normal University (Philosophy and Social Sciences Edition), 2025(4): 178. [4] Zhang Youlian, Li Lai. On the Resistance of Traditional Legal Culture to the Modernization of Chinese Constitutionalism. Journal of Hubei University for Nationalities (Philosophy and Social Edition), 2003(3): 26. [5] Guan Wei. The Renewal of Legal Culture and the Modernization of Traditional Law in Modern Times. Legal Theory Series, 2007(4): 88-89. [6] Liang Qichao A Discourse on the History of the Development of Chinese Jurisprudence. Complete Works of Liang Qichao (Volume 5) Beijing: Zhonghua Book Company. 2015: 41. [7] Wu Tingfang. Petition for the Deletion of Se Laws in the Code. Wu Tingfang Collection (Volume I). Beijing: Zhonghua Book Company. 1993:256. [8] Li Yanping. Reflections on the Evolution of Traditional Legal Culture in the Context of Modernization in China. Qingh Social Sciences, 2012(2): 80. [9] Wu Shuchun. Traditional Chinese Legal Culture. Beijing: Peking Press, 1994: 648. [10] Guan Wei. The Renewal of Legal Culture and the Modernization of Traditional Chinese Law Modern Times. Legal Theory Series, 2007(4): 87. [11] Justice Administration Department of the Nanjing Nationalist. Judicial Statistics Yearbook (1936). 1937: 68. [12] Mo Shouzhong, Liu Menlan. The Integration of Confucian People-oriented Tradition and Western Legal Culture in Modern China. Journal of Ship Mountain, 2004(1): 91. [13] Chen Ling, Zhong Rui. The Core Spirit of Traditional Chinese Legal Culture and Its Enlightenment for Modern Rule Law. Huazhang, 2026(2): 17.