With the new Chinese Civil Code, the parallelism between Roman Law – and the subsequent tradition – and the Chinese Law has become clearer, reflecting the political and legal changes that have characterized contemporary China. Some scholars identify in this parallelism the seeds of a “Eurasian solidarity”, meaning by Eurasia a single continental area inhabited by very different pop- ulations, amounting today to five billion people, many of whom have used and still use the Roman legal and religious system. The reasons for this turning point in the Chinese legal system must be identi- fied in the ever-increasing demand for the universalism of law, which cannot ignore the close link between the legal provision and the underlying principle. This connection is best achieved in the form of the Code, which is the highest expression of the legal culture since the system represented in it does not sim- ply constitute a rational organization of institutes that make up a given branch of law. Still, it is also a manifestation of the same plot constituting civil society. Also, it seems clear how the codification of the common law (and the connect- ed request for the universalism of the law) goes beyond the mere stabilization of Chinese civil law, becoming a bridge that connects China to the rest of the world, a moment of breach of the isolation of a country that opens itself to the outside, without renouncing the connotations that have always distinguished it.

The Chinese Civil Code as an expression of the Eurasian solidarity

Ciliberti, Eugenio
2025

Abstract

With the new Chinese Civil Code, the parallelism between Roman Law – and the subsequent tradition – and the Chinese Law has become clearer, reflecting the political and legal changes that have characterized contemporary China. Some scholars identify in this parallelism the seeds of a “Eurasian solidarity”, meaning by Eurasia a single continental area inhabited by very different pop- ulations, amounting today to five billion people, many of whom have used and still use the Roman legal and religious system. The reasons for this turning point in the Chinese legal system must be identi- fied in the ever-increasing demand for the universalism of law, which cannot ignore the close link between the legal provision and the underlying principle. This connection is best achieved in the form of the Code, which is the highest expression of the legal culture since the system represented in it does not sim- ply constitute a rational organization of institutes that make up a given branch of law. Still, it is also a manifestation of the same plot constituting civil society. Also, it seems clear how the codification of the common law (and the connect- ed request for the universalism of the law) goes beyond the mere stabilization of Chinese civil law, becoming a bridge that connects China to the rest of the world, a moment of breach of the isolation of a country that opens itself to the outside, without renouncing the connotations that have always distinguished it.
2025
9789926544140
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11386/4913395
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