Paradox in the Subjectivity Construction of Chinese Foreign-Related Legal Research and Its Transcendence

The current development of subjectivity is facing a dilemma: the coexistence of self-identification and self-denial.In the name of Globalization and Modernization,the West leads the international rule of law and gradually penetrates into the building of Chinese foreign-related legal knowledge system.With this influence,the Chinese academia is self-Orientalized.On the one hand,scholars believe that the differences between China and the West in terms of foreign-related governance indicate an underdevelopment,which stimulates a strong Chinese consciousness and a willingness to develop; One the other hand,when developing China’s own picture of foreign-related rule of law,scholars deny indigenous sources and heavily rely on Western sources——but the strong influence of Western sources in turn restrains the motivation and capability of theoretical innovation.A solution for the dilemma is breaking away from self-orientalization and constructing a pluralist system based on China’s national conditions,namely Chinese foreign-related legal research should absorb any knowledge sources contributing to the development of Chinese foreign-related rule of law,no matter they are Western,indigenous or non-Western.