Adapting Responsive Regulation with Traditional Chinese Legal Doctrines? Something Old and Borrowed to Create Something Viable for a Modern China

19 Pages Posted: 25 Sep 2014

See all articles by Alex Chu Kwong Chan

Alex Chu Kwong Chan

Gratia College

Angus Young

The University of Hong Kong - Faculty of Law; German-Sino Institute of Legal Studies, Nanjing Univeristy; Hong Kong Baptist University

Date Written: September 23, 2014

Abstract

China is now an economic superpower. However, the sustainability of this Chinese economic miracle rests upon good governance buoyed by the rule of law. Whilst the notion of the rule of law is a complex subject matter, the ability to bring about a social order backed by laws under an integrated and cohesive regulatory framework is imperative. Then again, China is a country with long held cultural traditions and values. Thus, transplanting a regulatory framework from the West into China will not work unless it is flexible and pliable enough to incorporate tradition Chinese values and norms. This article draws to the attention of responsive regulation and examines the possibility of adapting it with traditional Chinese legal doctrines to create something would meet the needs of a rapidly modernizing China. Even though this exercise remains conceptual, it is hopefully a step in the right direction for China’s socio-economic development.

Keywords: Confucianism, Legalism, Responsive Regulation, Restorative Justice

JEL Classification: K29, K39, K49, L59

Suggested Citation

Chan, Alex Chu Kwong and Young, Angus, Adapting Responsive Regulation with Traditional Chinese Legal Doctrines? Something Old and Borrowed to Create Something Viable for a Modern China (September 23, 2014). Available at SSRN: https://ssrn.com/abstract=2500617 or http://dx.doi.org/10.2139/ssrn.2500617

Alex Chu Kwong Chan

Gratia College ( email )

5 Wai Chi St
Shek Kip Mei
Hong Kong
Hong Kong

Angus Young (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

German-Sino Institute of Legal Studies, Nanjing Univeristy ( email )

22 Hankou Road
Nanjing, Jiangsu 210093
China

Hong Kong Baptist University ( email )

Renfrew Road 34
Kowloon Tong
Hong Kong

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