A Comparative Study of the Constitutions of the People&#039;s Republic of China and the Islamic Republic of Iran in Light of Legal Traditions Influencing the Legal Systems of These Two Countries

Miri, Seyed Amir Ehsan; Tabatabaei, Seyed Hossein

doi:10.22054/qjpl.2026.83993.3079

A Comparative Study of the Constitutions of the People's Republic of China and the Islamic Republic of Iran in Light of Legal Traditions Influencing the Legal Systems of These Two Countries

Articles in Press

Document Type : Research Paper

Authors

Seyed Amir Ehsan Miri ¹

Seyed Hossein Tabatabaei ²

¹ Master's Student in Economic Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

² Assistant Professor, International Law Department,, Faculty of Law, Tarbiat Modares University, Tehran, Iran

10.22054/qjpl.2026.83993.3079

Abstract

Given the significant developments of recent decades and China's emergence as a global power in international and regional relations, coupled with the multifaceted legal dimensions of Iran-China relations, it is vital for law schools to focus more on Chinese legal studies. However, the limited scholarship in this field reflects insufficient attention. One key step is studying China’s Constitution and its legal-political framework. This research identifies the legal traditions shaping China’s Constitution and compares them with the Iranian Constitution to offer a clear understanding of this document.

The findings show that China’s Constitution is influenced by Neo-Confucianism and Romano-Germanic legal traditions, while Iran’s Constitution is shaped by Islamic and Romano-Germanic traditions. Their similarities arise from the Romano-Germanic influence, while differences stem from the distinct impacts of Neo-Confucianism and Islam. As Iran’s Constitution integrates Romano-Germanic principles with Islamic legal foundations, China’s Constitution combines Romano-Germanic foundations (e.g., individual freedoms and socialist principles) with Neo-Confucian foundations like "harmony" and "service." The National People’s Congress, as the coordinating authority, sits at the system's apex, with other branches accountable to it. Its representatives are also expected to act as “servants” and “exemplary role models” for society, reflecting the Neo-Confucian ethos.

Keywords

China'

s Constitution, Chinese legal tradition, Chinese legal system, Confucianism, Romano-Germanic

Subjects