Anisimtsev N.V. History and current problems of modernization of civil law system of the PRC

Abstract: The article presents a brief outline of the history, stages, directions, analysis of the logic of development of the civil law of present China. After the establishment of PRC the new leadership of China has begun to develop a new system of civil law. Attempts for adoption of the Civil Code (CC) were made in 1954, in 1962, but were unsuccessful. A new stage in this work began with the proclamation of "the course of reform and opening" in 1978. Civil system developed in two directions - the adoption of some of the most actual laws urgently demanded by the country's development objectives, and at the same time, in parallel it was the development of a comprehensive Civil Code. Formation of a new system of civil law after 1978 went through three stages: the initial period of the construction of a market economy (1978-1992), the construction of a "socialist market economy" (1992 -1998 ). A new stage in China's broad modernization began at the turn of centuries.The work is based on a wide range of sources and literature in Chinese, English, Japanese, and offers a brief analytical overview of the historical, political and legal aspects of the modernization of the civil law of China today. Article for the first time offers a comprehensive systematic analysis of the logic of construction of civil system of China. Chinese lawmakers have achieved significant results in the construction of civil law. The most important achievement in this direction was the adoption of "General provisions of civil law" in 1986. But the task of forming a comprehensive Civil Code is not solved yet. The very deep root of difficulties in the preparation of CC is due to the dialectical nature of social development of the country - how to combine the purposes of market economy with the leading role of the national state, socialists values.

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