People who believe that the code did exist consider that modernization of the government, which had been promoted at that time under the Emperor Tenchi through active introduction of rules and systems from China, would have required a Ritsuryo code (Omi-Ryo) to be enacted as the basis of it.
当時は天智天皇のもとで政治体制の近代化が進められ、中国の諸制度の積極的な導入が行われており、その根幹となる律令（近江令）が当然に定められたはずと見るのが存在説である。