| The formation of legal tradition follows its own rules, which could be found not only in the legal system itself, but also in social realities, in particular the economic reality, in which the legal tradition has formed and developed. Economic analysis can also be applied to the research on the development of law and the characteristics of this process. Agrarian economy under consolidated production conditions directly contributed to the establishment of the dominant position of Confucian theory, and the requirements put forward by Confucian theory on public functions performed by the state had upheld and continuously reinforced this status. Because of the concentration of economic and material resources in the ruling class, efficiency tended to become the main objective pursued by social governance and criminal law became an important branch of state law. Because of the lack of the tradition of legal research and the inability of institutions to be born inside society itself, path-dependence had enabled the criminal law to keep its dominant position in the Chinese legal system for a long period time. The dilemma of dissemination of state law and the distinct social credit system had contributed to the status of informal institutions in society, and eventually influenced the formation of the legal system. As a result of the limitation of judicial resources and the property rights relationship under the social credit system, "preventing litigation" became a common goal pursued by both the state and the common people. |
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