Abstract：The study of comparative law based on the“Concept of Mutual Learning among Civilizations” has undergone profound transformation, emphasizing the equal and mutual-learning relationships among different civilizations at the theoretical level. This concept breaks away from the traditional Western-centrism, advocating for diversity and inclusivity. It calls for Chinese comparative law to not only absorb legal experiences from other civilizations but also to highlight the uniqueness and contributions of China’s legal civilization in global communication. Within this theoretical framework, comparative law is redefined as a crucial discipline for promoting the modernization of China’s legal system and its participation in global legal construction.Traditionally, comparative law has served to facilitate communication among different legal civilizations. However, within China’s unique historical context, this discipline faces the challenge of maintaining its own legal traditions while incorporating/integrating foreign legal developments. The concept of mutual learning among civilizations offers a new perspective, emphasizing equality and diversity across civilizations. It challenges the view of Western legal systems as the sole reference standard and advocates for establishing a Chinese legal stance in comparative law, with the goal of advancing the modernization of China’s legal system. Consequently, the research of comparative law moves beyond mere legal transplantation and fosters equal communication and interactions among Chinese and global legal civilizations through the approach of mutual learning among civilizations. The advent of the digital civilization era poses challenges to traditional legal research methods, and the acceleration of China’s legal modernization process exacerbates these tensions. Meanwhile, the centrality of Western legal systems is gradually being dismantled, with China playing an increasingly important role on the global legal stage. Therefore, comparative law research must evolve in response to these changes and contribute more significantly to global legal civilization.The concept of mutual learning among civilizations not only sets goals and directions for comparative law research but also introduces specific research principles. These principles include the Common Values Principle, the Chinese Perspective Principle, and the Principle of Civilizational Equality. Together, they form the core ideas of comparative law research under the framework of mutual learning among civilizations. In comparative law research, these principles require that, when incorporating/integrating foreign legal systems, it is necessary to consider their compatibility with China’s national context and legal traditions, ensuring the independence and innovation of China’s legal civilization. Furthermore, the Principle of Civilizational Equality demands respect for the uniqueness of different legal systems in global interactions, preventing any single legal system from dominating others, thus truly achieving equal and mutual learning among civilizations.As comparative law continues to develop in China, its research themes, objects, and methods are constantly evolving. Traditionally, comparative law focused mainly on legal transplantation and succession, but under the guidance of the concept of mutual learning among civilizations, it increasingly emphasizes the interaction and integration of global legal civilizations. In terms of research objects, comparative law now extends beyond Western legal systems to include plural legal systems such as the traditional Chinese legal family, Islamic law, and African law. Additionally, interdisciplinary research has become a new trend in research methodology. By incorporating approaches from sociology, anthropology, computer science, and other disciplines, comparative law is better equipped to address modern legal issues and promote the diversification of legal civilizations.
解志勇, 叶润. “文明互鉴观”语境中比较法学研究的革新[J]. 浙江大学学报(人文社会科学版), 2025, 55(3): 112-127.
Xie Zhiyong, Ye Run. The Innovation of Comparative Law Research in the Context of the “Concept of Mutual Learning among Civilizations”. JOURNAL OF ZHEJIANG UNIVERSITY, 2025, 55(3): 112-127.
2025, Vol. 55 
