n Tydskrif vir die Suid-Afrikaanse Reg - Comparative law and China's socialist legal system : aantekeninge

Volume 2014, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



In a recent survey of the discipline of comparative law, Martinek has encouraged us to think pragmatically (as well as theoretically) about comparative law. He wrote: "Comparative law has, in the first place, a very pragmatic task to pursue, namely to facilitate the commercial relationships and the administrative communication among different countries" ("Comparative jurisprudence: what good does it do?" 2013 39 45).

Pragmatic comparative lawyers may especially be found where there are practical issues of international trade, or where the many aspects of human life cross jurisdictional boundaries. For such pragmatic comparative lawyers, an interest in the legal system of the People's Republic of China makes sense. For some years, China has been a principal trading partner for the Republic of South Africa. In addition, the human factor is given strong impetus by the recent arrival of significant numbers of Chinese citizens, adding to the longer-term Chinese emigrants to South Africa. Tourism and investment are also growth areas, bringing new tasks to our pragmatic comparative lawyer.

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