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A New Dimension

  • Peter Kam Fai Cheung SBS
  • Apr 7, 2017
  • 2 min read

In 1983, I studied mainland Chinese law out of intellectual curiosity. I was fascinated to learn something about the socialistic continental legal system in the mainland China context. I understood that there were alternative approaches in deploying law to regulate human relationships.

In 1985, I was called to the Hong Kong Bar and could practise law in Hong Kong only. It was beyond my expectation that since 2016, I have been able to practise some mainland Chinese civil law as an arbitrator in arbitration proceedings in Shenzhen. So when I was invited to attend a seminar about the mainland Chinese General Rules of Civil Law 2017, I was motivated more than ever to attend.

The professor-speaker interpreted the General Rules of Civil Law jurisprudentially, from high concept to practical details. It was a bonus to me that I also learned about the historic impact of Roman Law on the development of continental legal systems such as the Soviet socialist legal system that in turn impacted on the early Mainland Chinese legal system; the comparative study of the general rules of civil law among France, Germany and Switzerland.; and the different designs between 1987 and 2017 versions of the mainland Chinese General Rules of Civil Law. I felt like completing a legal jigsaw puzzle and seeing the complete law picture for the first time.

I am surprised that the mainland Chinese General Rules of Civil Law 2017 are premised on the assumption that the Rules would enhance the value and capacity of individuals and legal entities to be more entrepreneurial in creating value or property in the market economy. And as individuals and legal entities in mainland China become richer, so will be the country, maintaining and sustaining China's economic, social and cultural developments. I see the rule of law in mainland China now has a new dimension!

 
 
 

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