Premium Essay

The Li and the Fa Along Chinese Legal History

In: Other Topics

Submitted By tristanv
Words 3523
Pages 15
2012
中国政法大学

Tristan Alberto Vaca Narvaja

[THE LI AND THE FA ALONG
CHINESE LEGAL HISTORY]

China University of Political Science and Law 中国政法大学
An Overview of Chinese Legal System

Introduction
The purpose of this paper is to make an analysis about how the concepts of Fa and Li interacted between each other along the Chinese legal history, starting with a brief summary of the dynastic eras, and focusing in what we could call modern legal history, what I consider starts on the late Qing Dynasty. The analysis ends with the admission of China to the WTO, because I think that is a topic that deserves a whole new article for itself, and due to time limitations cannot be developed properly.
The reason why I have chosen this theme is because I firmly believe that to be able to understand nowadays legal debates and legislation is necessary to have an idea about the broad historical and ideological Chinese framework. Along the more than 5.000 years of history, China has reinvented itself several times, learning from the hits and misses, unsurprisingly legal principles and legislation has followed the same stream.
This papers starts with the genesis of the Li and Fa concepts, relating it with the
Confucianism and legalism philosophies. Then, the each section illustrates an important period in
Chinese history, emphasizing the situation of the law. Those sections comprehends, the late Qing dynasty, the republican era, the changes during the communist era, the application of the cultural revolution and the effects of Deng Xiaoping open policy.

The origins of the Li and the Fa
If we are talking about the development of Chinese Law, we cannot overlook the two principle waves that have signed the thinking of Chinese scholars, the Legalism and the
Confucianism
Legalism started around the Qin Dynasty (221-206 B.C) and according to it, the only way

Similar Documents

Premium Essay

Study Case

...at Duke Universit y Business Ethics GOOGLE IN CHINA “The Great Firewall” Prepared by Kristina Wilson, Yaneli Ramos, and Daniel Harvey under the supervision of Professor Wayne Norman (edited by Professor Chris MacDonald) In early 2006, search-engine giant Google struck a deal with the People’s Republic of China and launched Google.cn, a version of its search engine run by the company from within China. Launching Google.cn required Google to operate as an official Internet Service Provider (ISP) in China, a country whose Communist government requires all ISPs to selfcensor, removing content that is considered illegal from search results. From a financial perspective, China represented for Google a dynamic and fast-growing, though increasingly competitive, market. Google’s decision to self-censor Google.cn attracted significant ethical criticism at the time. The company’s motto is “Don’t Be Evil,” and prior to entering China, Google had successfully set itself apart from other technology giants, becoming a company trusted by millions of users to protect and store their personal information. The choice to accept self-censorship, and the discussion and debate generated by this choice, forced Google to re-examine itself as a company and forced the international community to reconsider the implications of censorship. This case was prepared as the basis for class discussion rather than to illustrate either the effective or ineffective handling of an administrative situation...

Words: 7843 - Pages: 32

Premium Essay

Google in China

...at Duke Universit y Business Ethics GOOGLE IN CHINA “The Great Firewall” Prepared by Kristina Wilson, Yaneli Ramos, and Daniel Harvey under the supervision of Professor Wayne Norman (edited by Professor Chris MacDonald) In early 2006, search-engine giant Google struck a deal with the People’s Republic of China and launched Google.cn, a version of its search engine run by the company from within China. Launching Google.cn required Google to operate as an official Internet Service Provider (ISP) in China, a country whose Communist government requires all ISPs to selfcensor, removing content that is considered illegal from search results. From a financial perspective, China represented for Google a dynamic and fast-growing, though increasingly competitive, market. Google’s decision to self-censor Google.cn attracted significant ethical criticism at the time. The company’s motto is “Don’t Be Evil,” and prior to entering China, Google had successfully set itself apart from other technology giants, becoming a company trusted by millions of users to protect and store their personal information. The choice to accept self-censorship, and the discussion and debate generated by this choice, forced Google to re-examine itself as a company and forced the international community to reconsider the implications of censorship. This case was prepared as the basis for class discussion rather than to illustrate either the effective or ineffective handling of an administrative situation...

Words: 7843 - Pages: 32

Premium Essay

Chinese History

...www.GetPedia.com History of China: Table of Contents q q Historical Setting The Ancient Dynasties r r r Dawn of History Zhou Period Hundred Schools of Thought q The Imperial Era r r r r r r First Imperial Period Era of Disunity Restoration of Empire Mongolian Interlude Chinese Regain Power Rise of the Manchus q Emergence Of Modern China r r r r r r Western Powers Arrive First Modern Period Opium War, 1839-42 Era of Disunity Taiping Rebellion, 1851-64 Self-Strengthening Movement Hundred Days' Reform and Aftermath Republican Revolution of 1911 q Republican China r r r Nationalism and Communism s Opposing the Warlords s Consolidation under the Guomindang s Rise of the Communists Anti-Japanese War Return to Civil War q People's Republic Of China r r Transition to Socialism, 1953-57 Great Leap Forward, 1958-60 r r r r r Readjustment and Recovery, 1961-65 Cultural Revolution Decade, 1966-76 s Militant Phase, 1966-68 s Ninth National Party Congress to the Demise of Lin Biao, 1969-71 s End of the Era of Mao Zedong, 1972-76 Post-Mao Period, 1976-78 China and the Four Modernizations, 1979-82 Reforms, 1980-88 q References for History of China [ History of China ] [ Timeline ] Historical Setting The History Of China, as documented in ancient writings, dates back some 3,300 years. Modern archaeological studies provide evidence of still more ancient origins in a culture that flourished between 2500 and 2000 B.C....

Words: 41805 - Pages: 168

Premium Essay

Country Note Book of China

...A significant aspect of China is its long cultural and national history. The Chinese people have shared a common culture longer than any other group on Earth. The Chinese writing system, for example, dates back almost 4,000 years. The imperial dynastic system of government, which continued for centuries, was established as early as 221 BC. Although specific dynasties were overturned, the dynastic system survived. China was even ruled at times by foreign invaders, such as the Mongols during the Yuan Dynasty, from AD 1279 to 1368, and the Manchus during the Ch'ing Dynasty, from AD 1644 to 1911, but the foreigners were largely absorbed into the culture they governed. It is as if the Roman Empire had lasted from the time of the Caesars to the 20th century, and during that time had evolved a cultural system and written language shared by all the peoples of Europe. The dynastic system was overturned in 1911, and a weak republican form of government existed until 1949. In that year, after a long civil war, the People's Republic of China, with a Communist government, was proclaimed. This government and the ruling Communist party have controlled China ever since. Although the dynastic system has disappeared, the People's Republic occupies essentially the same territory and governs the same people. If anything, the culture and power of China seem stronger in the late 20th century than at almost any other period in history. Under the People's Republic, China's role...

Words: 17061 - Pages: 69

Free Essay

Wenjiabao

...CMYK Late Edition Nxxx,2012-10-26,A,001,Bs-BK,E3 Today, morning fog and clouds, parToday, morning fog and clouds, parLate Edition tial clearing, high 68. Tonight, mosttial clearing, high 68. Tonight, mostToday, mild, low and clouds, parly cloudy,morning fog 56. Tomorrow, ly cloudy, tial clearing, andmild, low 56. Tomorrow, periodic cloudshigh 68. Tonight, most- Late Edition sunshine, high periodic clouds and sunshine, high 66. ly cloudy, mild, lowon Page Today, morning fog and clouds, parWeather map is 56. Tomorrow, high 68. Tonight, mostB12. 66. Weather map is on Page periodic clouds and sunshine,tial clearing, B12. high ly cloudy, mild, low 56. Tomorrow, 66. Weather map is on Pageperiodic clouds and sunshine, high B12. ORK,YORK, FRIDAY, OCTOBER 26, 2012 EW FRIDAY, . OCTOBER 26, 2012 VOL. CLXII . No. 55,936 © 2012 The New York Times NEW YORK, FRIDAY, OCTOBER 26, 2012 66. Weather map is on Page B12. $2.50 $2.50 $2.50 NEW YORK, FRIDAY, OCTOBER 26, 2012 $2.50 2 CHILDREN SLAIN Amassed in the N SLAINSLAIN Billions Amassed thethe Shadows Billions Amassed ininin the Shadows Premier Obama Campaign Endgame: AT HOME IN CITY; LDREN SLAIN BillionsAmassed Billions Shadows Shadows ILDRENGrunt Work and Cold Math the Family of China’s By IN CITY; OME IN CITY; HOMEIN CITY; ByBy the Family of China’sPremier the Family of of China’s Premier By the NANNY ARRESTED China’s Premier Family RRESTED NY ARRESTED NNYARRESTED POLITICAL MEMO ...

Words: 9384 - Pages: 38

Premium Essay

A Good E-Book on Various Religions Across the World

...printings, special imprints, messages, and excerpts can be produced to meet your needs. For more information, contact Special Markets Director, Visible Ink Press, at www.visibleink.com or (734) 667-3211. Art Director: Mary Claire Krzewinski Typesetting: Graphix Group Library of Congress Cataloging-in-Publication Data Renard, John, 1944The handy religion answer book / John Renard. p. cm. ISBN 1-57859-125-2 (pbk.) 1. Religions--Miscellanea. I. Title. BL80.2 .R46 2001 291--dc21 Printed in the United States of America All rights reserved 10 9 8 7 6 5 4 3 2 1 2001004052 CIP Contents I NTRODUCTION ix ACKNOWLEDGMENTS xiii C HRONOLOGY OF MAJOR EVENTS xv GE N E RAL BAC KGROU N D DE FI N ITION S AN D M ETHODS . . . 3 History and Sources . . . Religious Beliefs . . . Signs and Symbols . . . Membership, Community, Diversity . . . Leadership, Authority, Organization . . . Personalities and Powers . . ....

Words: 245202 - Pages: 981

Premium Essay

Overseas Listing and State-Owned-Enterprise Governance in China

...vertical governance problems in the Chinese state-owned-enterprises (SOEs). Due to their privileged positions in the political economy, traditional institutions of corporate governance are far from perfect. Thus the value of oversea listing as a governance mechanism is highlighted, and that could be better revealed by a deeper analysis of the benefit-and-cost balance by the government which controls the SOEs. However, effective as it is, oversea listing could not be a marvelous antidote to all governance ills. Further, as the two major governance disasters of oversea listed SOEs shows, if the government lacks a proper self-positioning, nontrivial negative implications will be brought to SOEs governance via oversea listing. The ultimate function of corporate governance in SOEs thus relies heavily on public governance. Key words: state-owned-enterprises, oversea listing, corporate China governance, 2 Table of contents I. Introduction ....................................................................................................................4 II. The Governance problems of Chinese SOEs and the limitations of traditional governance problems .........................................................................................................8 A. The Governance problems of Chinese SOEs ...........................................................8 B. The limitation of Traditional Governance institutions in the case of Chinese SOEs...

Words: 30398 - Pages: 122

Premium Essay

Decision Sciences Research in China

...Decision Sciences Volume 38 Number 1 February 2007 Journal compilation C C 2007, The Author 2007, Decision Sciences Institute Decision Sciences Research in China: Current Status, Opportunities, and Propositions for Research in Supply Chain Management, Logistics, and Quality Management∗ Xiande Zhao Department of Decision Sciences and Managerial Economics, Chinese University of Hong Kong, Shantin, NT Hong Kong, e-mail: Xiande@baf.msmail.cuhk.edu.hk Barbara B. Flynn† Kelley School of Business, Indiana University, 801 W. Michigan St., BS 4010, Indianapolis, IN 46033, e-mail: bbflynn@iupui.edu Aleda V. Roth Department of Management, College of Business and Behavioral Sciences, Clemson University, 343A Sirrine Hall, Clemson, SC 29634, e-mail: aroth@clemson.edu ABSTRACT As China becomes increasingly important to the global economy, it is critical to conduct high-quality research on important decision sciences issues there. This article provides an extensive review and critique of the extant China-based literature on supply chain management, logistics, and quality management, based on the foundation established by Zhao, Flynn, and Roth (2006). In general, decision sciences research in China is in its infancy. Although there have been some very interesting and well-executed articles, the majority are descriptive and focus on status updates. We provide a set of propositions to guide future research in logistics, supply chain management, and quality management in...

Words: 18592 - Pages: 75

Free Essay

China Sez

...The Impact of Special Economic Zones on Total Factor Productivity of Chinese Provinces: A panel analysis of trends in growth from 1974 to 2011 Ziwei Judy Hao 14.33   Spring 2013 1st draft 1 I. Introduction: A Special Economic Zone (SEZ) is a geographical region that has economic laws more liberal than a country’s regular economic laws. As a trade capacity development tool, SEZs promote rapid economic growth by using tax and business incentives to attract foreign investment and technology. By offering privileged terms, SEZs attract investment and foreign exchange, spur employment and boost the development of improved technologies and infrastructure. Today, there are approximately 3,000 SEZs operating in 120 countries. The People’s Republic of China has been considered as one of the world’s most successful in terms of SEZ development and contribution. China’s SEZs were introduced after Deng Xiaoping’s economic reforms were implemented in China in 1979. These SEZs were designated as areas where market­driven capitalist policies are implemented to entice foreign businesses to invest in China. The policies include investment in new infrastructure like office buildings and banks and preferential tax exemptions for foreign firms who want to invest in China. Some the most well known SEZ cities are Shengzhen, Shanghai, and Beijing. From 1979 to the present, the number of SEZ cities grew quickly from the original five cities in the southeast coast to an astonishing 118 cities. Along with SEZ development in the past 30 years...

Words: 4369 - Pages: 18

Free Essay

Overseas Listing

... Hung Hom, Kowloon, Hong Kong Special Administrative Region c Wealth Management Institute of Lujiazui, Shanghai 200122, China b a r t i c l e i n f o a b s t r a c t We investigate why the Chinese government chooses to perform share issue privatization (SIP) of its state-owned enterprises (SOEs) in Hong Kong, despite the benefit of facilitating the domestic stock market development if performing SIP in China (Subrahmanyam and Titman, 1999) and the higher cost to list in Hong Kong. We address this issue by arguing that the positive effect of SIPs on the development of the domestic market may have limitations, especially when the domestic market is not well developed and cannot absorb rapid and large-scale SIP activities. To maintain domestic market order, it may be optimal to carry out SIP in overseas markets. Furthermore, by listing shares in developed overseas markets, SOEs from the less developed countries could leverage on the overseas markets’ better accounting, governance, and legal standards. By examining a sample of 92 Chinese firms listed in Hong Kong and the relevant control samples of purely domestically listed Chinese firms during the period of 1993–2006, we find supporting evidence for both arguments. Ó 2012 Elsevier B.V. All rights reserved. Article history: Available online 7 June 2012 JEL classification: G34 G39 Keywords: Privatization Overseas listing...

Words: 18188 - Pages: 73

Premium Essay

Maritime Power of Chaina

...interests have gradually become the most essential part of China’s strategic rationale. Undoubtedly, the quest for sea power and sea rights has become Beijing’s main maritime strategic issue. Given China’s escalating maritime politico-economic-military leverage in the Asia-Pacific region, its desire to become a leading sea power embodying global strategic thinking means that it must expand its maritime strategy by developing its navy and preparing for armed confrontation in terms of international relations realism. Conversely, Beijing’s maritime policy leads at the same time towards globalization, which involves multilateralism and strategic coexistence of a more pragmatic kind. This research analyses Chinese maritime strategy in the Asia-Pacific by asking: ‘Whither the Chinese maritime strategy in the ever changing Asia-Pacific security environment since the PRC was established in 1949?’ In general, contemporary China’s national security strategy is closely connected with its maritime strategy and with its comprehensive security plan for its economy, its energy supplies and its...

Words: 115996 - Pages: 464

Free Essay

Bloodlines of the Illuminati

...always tickle the ear and warm the ego of its listeners. The light of truth in this book will be too bright for some people who will want to return to the safe comfort of their darkness. I am not a conspiracy theorist. I deal with real facts, not theory. Some of the people I write about, I have met. Some of the people I expose are alive and very dangerous. The darkness has never liked the light. Yet, many of the secrets of the Illuminati are locked up tightly simply because secrecy is a way of life. It is such a way of life, that they resent the Carroll Quigleys and the James H. Billingtons who want to tell real historical facts rather than doctored up stories and myths. I have been an intense student of history since I could read, and I am deeply committed to the facts of history rather than the cover stories the public is fed to manipulate them. I do not fear the Illuminati...

Words: 206477 - Pages: 826

Free Essay

Mao's Last Dancer

...Mao's Last Dancer Li Cunxin Dedication To the two special women in my life—my mother and my wife Mao’s Last Dancer A Wedding Qingdao, 1946 On the day of her marriage, a young girl sits alone in her village home. It is autumn, a beautiful October morning. The country air is cool but fresh. The young girl hears happy music approaching her house. She is only eighteen, and she is nervous, frightened. She knows that many marriage introducers simply take money and tell lies. Some women from her village marry men who don't have all their functional body parts. Those women have to spend the rest of their lives looking after their husbands. Wife beating is common. Divorce is out of the question. Divorced women are humiliated, despised, suffering worse than an animals fate. She knows some women hang themselves instead and she prays this is not going to be her fate. She prays to a kind and merciful god that her future husband will have two legs, two arms, two eyes and two ears. She prays that his body parts are normal and functional. She worries that he will not be kind-hearted and will not like her. But most of all she &+x worries about her unbound feet. Bound feet are still in fashion. Little girls as young as five or six have to tuck four toes under the big toe and squeeze them hard to stop the growth. It is extremely painful, and the girls have to change the cloth bandages and wash their feet daily to avoid infection. The tighter the feet are bound the smaller the feet will...

Words: 147409 - Pages: 590

Premium Essay

Canada

...Canada From Wikipedia, the free encyclopedia Jump to: navigation, search For other uses, see Canada (disambiguation). Page semi-protected Canada Vertical triband (red, white, red) with a red maple leaf in the centre A shield divided into four rectangles over a triangle. The first rectangle contains three lions passant guardant in gold on red; the second, a red lion rampant on gold; the third, a gold harp on blue; the fourth, three gold fleurs-de-lis on blue. The triangle contains three red maple leaves on a white background. A gold helmet sits on top of the shield, upon which is a crowned lion holding a red maple leaf. On the right is a lion rampant flying the Union Flag. On the left is a unicorn flying a fleurs-de-lis flag. A red ribbon around the shield says "desiderantes meliorem patriam". Below is a blue scroll inscribed "A mari usque ad mare" on a wreath of flowers. Flag Coat of arms Motto: A Mari Usque Ad Mare (Latin) "From Sea to Sea" Anthem: "O Canada" Royal anthem: "God Save the Queen"[1][2] Projection of North America with Canada in green Capital Ottawa 45°24′N 75°40′W Largest city Toronto Official language(s) English and French Recognised regional languages Chipewyan, Cree, Gwich’in, Inuinnaqtun, Inuktitut, Inuvialuktun, Slavey (North and South) and Tłįchǫ[3] Demonym Canadian Government Federal parliamentary democracy and constitutional monarchy[4] - Monarch Elizabeth II - Governor General David Johnston - Prime Minister Stephen...

Words: 14190 - Pages: 57

Free Essay

North Korea War

...was ruled by Japan from 1910 until the end of World War II. Following the surrender of Japan in 1945, American administrators divided the peninsula along the 38th Parallel, with United States troops occupying the southern part and Soviet troops occupying the northern part.[2] The failure to hold free elections throughout the Korean Peninsula in 1948 deepened the division between the two sides, and the North established a Communist government. The 38th Parallel increasingly became a political border between the two Koreas. Although reunification negotiations continued in the months preceding the war, tension intensified. Cross-border skirmishes and raids at the 38th Parallel persisted. The situation escalated into open warfare when North Korean forces invaded South Korea on 25 June 1950.[3] It was the first significant armed conflict of the Cold War.[4] The United Nations, particularly the United States, came to the aid of South Korea in repelling the invasion. A rapid UN counter-offensive drove the North Koreans past the 38th Parallel and almost to the Yalu River, and the People's Republic of China (PRC) entered the war on the side of the North.[3] The Chinese launched a counter-offensive that pushed the United Nations forces back across the 38th Parallel. The Soviet Union materially aided the North Korean and Chinese armies. In 1953, the war ceased...

Words: 23177 - Pages: 93