Legal systems in Asia

Law in Asia is undergoing rapid change and modernisation, especially given the economic growth in China and India. Asian countries share a substantial heritage with European law, whilst keeping their own distinct identity.

History

The preamble of the Constitution of India

Ancient China and ancient India had historically independent schools of legal theory and practice such as the Laws of Manu or the Arthashastra in India and traditional Chinese law in China. Because Germany was a rising power in the late 19th century, and codified civil law is more 'exportable' than large bodies of common law jurisprudence, the German Civil Code has been highly influential for most oriental legal systems, and forms the basis of civil law in Japan and South Korea. In China, the German Civil Code was introduced in the later years of the Qing Dynasty and formed the basis of the law of the Republic of China which remains in force in Taiwan. The current legal infrastructure in the People's Republic of China reflects influences from the German-based civil law, English-based common law in Hong Kong, Soviet-influenced Socialist law, United States-style banking and securities law, and traditional Chinese law. In India, and other previous members of the Commonwealth, English common law forms the basis of private law.

Countries

See also

• Legal systems of the world