Suwerenność państwa i rządy prawa: kodyfikacja prawa prywatnego w Chinach
- Institution: Uniwersytet Jagielloński w Krakowie
- ORCID: https://orcid.org/0000-0001-8015-8614
- Year of publication: 2018
- Source: Show
- Pages: 158-171
- DOI Address: https://doi.org/10.15804/siip201808
- PDF: siip/17/siip1708.pdf
State sovereignty and the rule of law: the codification of private law in China
The main issue of this article is a comparison of codification of private law in the Republic of China (1912–1949) with the current fifth attempt to codify civil law in the People’s Republic of China, which is planned to be enacted in 2020. The aim of the paper is to prove that in both the most important factors for drafting new laws were not the internal needs of the state, but the necessity to regulate the position of the country on the international arena. The analysis is based on two main concepts: sovereignty and the rule of law, which are crucial for understanding this issue.