Social Sciences in China (Chinese Edition)

No. 4, 2025

Yi and Local Resources for Building a Rule-Based Society—Revisiting the Custom of Xianjin Qinlin

(Abstract)

Ling Peng

Outstanding traditional Chinese legal culture encompasses a rich discourse on the relationship between the rule of virtue and the rule of law, with yi (righteousness) serving as a vital intellectual resource for maintaining social order. Xianjin qinlin, a customary practice in real estate transaction, offers a key perspective for understanding the role of yi. However, modern interpretations since the Republic of China period often perceive yi as “preemptive purchase rights,” but such conceptions fail to grasp its inherent logic. The very essence of xianjin qinlin lies in the purchaser and vendor’s mutual demand for yi rather than the legal allocation of rights. A sociological analysis of historical records and legal cases reveals a complex evolution: from state law to folk custom, and later to a legally constrained practice. The logic of yi creates a space for moral autonomy in individual action—one that depends on judicial discretion and constitutes the ethical basis of law. Dichotomy and unity of de (virtue) and fa (law) embedded in this logic provides essential wisdom to building a rule-based society that integrates the rule of law and the rule of virtue.