By LI Bin, who won the thesis prize 2010

The research conducted on Chinese law in Francophone countries has intensified in recent years with the oral examination of the dissertations on various subjects of this law, which has itself been characterized by a legislative frenzy. The thesis prize, established by the Fondation pour le droit continental in a quest for emulation between legal systems, aims to encourage research by providing friendly intellectual support. There is a general consensus that the contemporary legal system in China is similar a priori to civil law. The reality of Chinese law is however much more complicated. In fact, Chinese law is very familiar with the methods of comparative law to meet the needs of economic reform. The Legislature refers to foreign law - common law and civil law -, as well as international legal standards, to draw useful lessons or as sources of inspiration for normative work. We must above all admit that reducing the gap between the development of rules of law and the effective implementation of these rules remains a major problem to be solved in China. This is not a issue of selecting standards, but of applying them. The virtues of civil law with respect to predictability and accessibility of law, the legal certainty of transactions and conflict prevention are relevant especially as the legal enforcement mechanisms in China still need to be adapted, reformed and restructured. The development of Chinese law in a changing society may well enrich the diversity of legal systems, but if and only if this law is truly real as a result of the proper functioning of the law's guarantees. Faced with the contrast between, on one hand, progress in the standardization work and, secondly, the stagnation of legal enforcement mechanisms, the critical approach to research is both timely and essential to advance law in China.

  Critical analysis of Chinese law is an approach that is both constructive and objective, which consists of identifying problems, analyzing them and seeking possible solutions to improve Chinese law. The Fondation pour le droit continental, through these strategic actions designed to protect the diversity of law, is helping to increase awareness on the role of law in China by the coexistence, competition, and thus the balancing of different systems of law, which incites efforts for the development of law in China. Critical analysis of Chinese law is also a method which promotes openness that consists in referring to the experiences of foreign law, and then transposing and adapting them to specific situations in China.

  The Fondation pour le droit continental, through these comparative approaches without prejudice, is a source of intellectual inspiration whose inclusion will contribute to the development of Chinese law.