On The Nationality Of The Contemporary Chinese Law

In this article, some basic concepts and their scope, which are involved in the national character of the law, are firstly analyzed by the method of hermeneutic methods. When analyzing "nationality", this paper focuses on the views of historical jurisprudence, and we inspected their different understanding of the nationality of law and their limitations, and also we inspected the nationality of the current Chinese law as a whole. Secondly, this paper selected the mitigation rule and the capital punishment of the current Chinese law to analyze, including their meaning, history, advantages and disadvantages, and tried to give some proposals on the nationality of current Chinese law. We compared the mitigation rule of China with the mitigation rule of the United Kingdom in this paper, and found that the scopes of the two are different. China's regulations only require to prevent the loss of the expansion but does not require the observant take the initiative to reduce losses. On the revocation of the capital punishment of China, most country on the world has repeal the capital punishment, but not China. This is interrelated with our Chinese legal tradition. Finally, the paper believes that only derive the essence of both Western and Chinese legal system and dispose the draff of them, integrate the two valuable substances, can realize the amalgamation of the nationality and the modernity of law.