Fondamenti romanistici e diritto cinese (riflessioni su un comune lavoro nell'accrescimento del sistema)
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 6, 2017
DOI: 10.1400/259625
China has, since the end of the eighteenth century, renewed its orientation towards
the system of Roman law. After 1978, there was a demand from Chinese jurists for
direct contact with ancient sources.
The Observatory on codification and training
of the jurist in China under the Roman legal system has started a response. It is
derived from what a Chinese colleague had qualified as a ‘second reception’.
Civil
Code work develops the growth of Chinese legal science and the Code is the fruit
of this development. In this process, it is of central importance the permanent
recognition that ius in the system is the result of a plurality of sources, and in
particular the statutes of the people (law and custom) and iuris scientia. The role of
this plurality of sources is then essential for the permanent updating of ius gentium and its principles in the common work of system enhancement.