RE-CONCEPTUALISING PRIVATE LAW: THE STRUGGLE FOR CIVIL CODIFICATION IN CHINA

China is making yet another attempt at civil codification, a process that in reality will re-conceptualise private law and lay down the fundamental principles that will regulate civil and commercial relationships between and among individuals and economic entities. This article first provides a brief review of the legislative efforts at civil codification in China and, through this review, explains the various ideological and theoretical battles that raged during these attempts at civil codification. This article also outlines challenges facing jurists, policy and law makers involved in this latest attempt at codification. It is the view of the author that the final outcome of the continuing ideological and theoretical battles will not only shape the form of the present civil codification (and its resultant civil code) but also, much more importantly, define the nature of private law in China.