Research on Chinese Law
Given the ever-increasing significance of the People's Republic of China, a thorough understanding of Chinese civil law has become indispensable. The Centre of Expertise has therefore committed itself to systematically researching this area of law and to overcoming linguistic and cultural barriers in order to communicate its findings.
The research focuses on the legal framework governing private and economic relations in one of the world’s most dynamic regions. China's transition from a socialist to a market-oriented system, its integration into global capital and trade flows, and the tension between economic order and regulatory control are shaping the development of Chinese private law and pose fundamental challenges to state and society. The Centre examines how the law is evolving under these conditions, drawing on continental European legal concepts whilst also developing its own set of rules.
Main Fields of Research
Following the Cultural Revolution, legal development in the People's Republic was initially characterized by the gradual establishment of individual areas of law. Through the enactment of numerous individual laws, a refined system of civil law rules gradually emerged. Several codification projects spanning decades ultimately culminated in the adoption of the Civil Code (民法典) by the National People's Congress on 28 May 2020, which took effect on 1 January 2021 and consolidated the previously applicable individual statutes.
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Under the banner of ‘socialism with Chinese characteristics’ (中国特色社会主义), the People's Republic of China is experimenting with its own approaches to law enforcement – ranging from a social credit system to instruments of collective law enforcement. The Centre of Expertise monitors these developments and examines how they function and impact on civil law practice.
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Since the Civil Code took effect, Chinese law has classified private law entities into profit-oriented and non-profit organizations. Recent reforms, including the fundamental revision of the Company Law of the PRC (2024) and the Charity Law of the PRC (2023), have significantly advanced this field and raised new questions for comparative research.
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