The traditional chinese legal system essay

An example of the latter term appears in a 6th-century poem by Liu Xiaozhuo: Instead of that formal word, " tongzhi " Chinese: Such usage is seen in Taiwan. However, in mainland China, tongzhi is used both in the context of the traditional "comrade" sense e.

The traditional chinese legal system essay

The traditional chinese legal system essay

Traditional Chinese law Contemporary social control is rooted in the Confucian past. The teachings of Confucius have had an enduring effect on Chinese life and have provided the basis for the social order through much of the country's history.

Li was enforced by society rather than by courts. Education was considered the key ingredient for maintaining order, and codes of law were intended only to supplement li, not to replace it see Hundred Schools of Thought. Confucians held that codified law was inadequate to provide meaningful guidance for the entire panorama of human activity, but they were not against using laws to control the most unruly elements in the society.

The first criminal code was promulgated sometime between and BCE. There were also civil statutesmostly concerned with land transactions.

The traditional chinese legal system essay

Legalisma competing school of thought during the Warring States period BCEmaintained that man was by nature evil and had to be controlled by strict rules of law and uniform justice. Legalist philosophy had its greatest impact during the first imperial dynasty, the Qin BCE. The Han dynasty BCE-CE retained the basic legal system established under the Qin but modified some of the harsher aspects in line with the Confucian philosophy of social control based on ethical and moral persuasion.

Most legal professionals were not lawyers but generalists trained in philosophy and literature. The local, classically trained, Confucian gentry played a crucial role as arbiters and handled all but the most serious local disputes.

Introduction

In the final years of the Qing dynasty —reform advocates in the government implemented certain aspects of the modernized Japanese legal systemitself originally based on German judicial precedents see Hundred Days' Reform.

These efforts were short-lived and largely ineffective. Law of the Republic of China Following the overthrow of the Qing dynasty inChina came under the control of rival warlords and had no government strong enough to establish a legal code to replace the Qing code.

Finally, inChiang Kai-shek 's Guomindang forces were able to suppress the warlords and gain control of most of the country see Republican China.

Established in Nanjingthe Guomindang government attempted to develop Western-style legal and penal systems. Few of the Guomindang codes, however, were implemented nationwide. Although government leaders were striving for a Western-inspired system of codified law, the traditional Chinese preference for collective social sanctions over impersonal legalism hindered constitutional and legal development.

The spirit of the new laws never penetrated to the grass-roots level or provided hoped-for stability. Ideally, individuals were to be equal before the lawbut this premise proved to be more rhetorical than substantive.

What's New

In the end, most of the new laws were discarded as the Guomindang became preoccupied with fighting the Chinese Communists and the invading Japanese. Development after [ edit ] Main article: Law of the People's Republic of China According to Chinese communist ideology, the party controlled the state and created and used the law to regulate the masses, realize socialismand suppress counterrevolutionaries.[i] [i] Unlike the dry and "eight-part-essay- ish " (stereotypical) style used by Chinese legal scholars in the advent of legal reform in the s, recent research offers a more trustworthy analysis from a neutral, reasonable, and objective perspective on the history and status quo of the Chinese legal system.

Gradescope is an assessment platform that reduces the time associated with traditional grading. Chinese legal system can go back to ancient times, the period from to the mid- s was the period when China’s modern legal system was first set up (Thinking of boys , ).

September Remember the essays you had to write in high school? Topic sentence, introductory paragraph, supporting paragraphs, conclusion. The conclusion being, say, that Ahab in Moby Dick was a Christ-like figure. Oy. Between and , under Mao Zedong’s 毛泽东 leadership, the Chinese Communist Party (CCP) implemented socialist economic policies.

In the s, the central planning of industry (with an emphasis on heavy industry) was introduced, modeled on the five-year plans of the Soviet Union, and. John Locke (—) John Locke was among the most famous philosophers and political theorists of the 17 th century.

He is often regarded as the founder of a school of thought known as British Empiricism, and he made foundational contributions to modern theories of limited, liberal government.

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