The formation of the legal system for modern planning in China before 1950: comparison with Japan’s 1919 act

Abstract

Traditionally, city construction in China was to follow an order guided by the Book of Rites, and city management has no independent law but relies on the traditional Lu Li legal system. Overall, their modern transition started after the Opium War, beginning with the foreign settlements and concessions, and spurred on by the Late Qing Reform for constitutionalism and a modern state legal system. From then to the 1930s, the whole nation experienced frequent wars and overlapping political powers. Local urban planning exploration was active and diverse, but the overall development path was complex. In this context, two urban planning laws were born in late 1930s. Given this complex development background, further review of knowledge dissemination and interaction is needed to clarify the formation history and concurrently analyze its meaning. Japan, which not only shared a similar modernization experience but was also one of the important sources of introduction for modern knowledge, was selected as an object of comparison. By comparing the terms used, the specific content, and development path of the respective countries' laws, this article aims to reveal and outline the overall characteristics of how the legal system for modern planning formed in China.

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