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Of the many legal documents enacted in modern China, if we compare them, article by article, with the codes of Germany, Switzerland and other countries, we will find that “95% of them have been either sheer copies or alterations in disguise”. Does this mean that the legislative work during the ROC is worthless? As far as the jurist Wu Jingxiong is concerned, “The world’s legal systems are voluminous, and the civil law and the common law of them are the most influential. The former can be further divided into four branches, the French law, the Italian law, the German law and the Swedish law. Of course, it takes quite an effort to choose among various schools before reaching a specific decision. An appropriate choice is a creation indeed, and all creations are nothing but choices”.

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History of Constitution-Making in Modern China

  • 章节

  • 发表日期：

    2025年

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  • Xin Nie

摘要

Of the many legal documents enacted in modern China, if we compare them, article by article, with the codes of Germany, Switzerland and other countries, we will find that “95% of them have been either sheer copies or alterations in disguise”. Does this mean that the legislative work during the ROC is worthless? As far as the jurist Wu Jingxiong is concerned, “The world’s legal systems are voluminous, and the civil law and the common law of them are the most influential. The former can be further divided into four branches, the French law, the Italian law, the German law and the Swedish law. Of course, it takes quite an effort to choose among various schools before reaching a specific decision. An appropriate choice is a creation indeed, and all creations are nothing but choices”.