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Topic: Traditional Chinese law


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In the News (Tue 8 Dec 09)

  
  Traditional Chinese law - Definition, explanation
This legal tradition is distinct from the common law and civil law traditions of the West, and to a great extent, is contrary to the concepts of contemporary Chinese law.
The earliest document on law in China that is generally regarded as authentic is the Kang Gao (康誥), a set of instructions issued by King Wu of Zhou to a younger prince for the government of a fief.
Ch'ü T'ung-tsu has shown that the "Confucianisation" of Chinese law was a slow process and that the amalgamation of the Confucian views of society with the law codes was completed only in the great Tang Code of CE The code is regarded as a model of precision and clarity in terms of drafting and structure.
www.calsky.com /lexikon/en/txt/t/tr/traditional_chinese_law.php   (2562 words)

  
 Chinese law - Definition, explanation
One element of the traditional Chinese criminal justice system, which still influences modern Chinese views toward law, is the notion that criminal law has a moral element and that one important element of criminal law was to get the defendant to repent and see the error of his ways.
Law in the Republic of China on Taiwan is based on the German-based legal system which carried to Taiwan by the Kuomintang.
In formulate laws, the PRC has been influenced by a number of sources including traditional Chinese views toward the role of law, the PRC's socialist background, the German-based law of the Republic of China on Taiwan, and the English-based common law used in Hong Kong.
www.calsky.com /lexikon/en/txt/c/ch/chinese_law.php   (1893 words)

  
  Traditional Chinese law - Wikipedia, the free encyclopedia
This legal tradition is distinct from the common law and civil law traditions of the West, and to a great extent, is contrary to the concepts of contemporary Chinese law.
During this stage, law was marked by a purely Legalist spirit, hostile to the moral values advocated by the Confucian school.
Ch'ü T'ung-tsu has shown that the "Confucianisation" of Chinese law was a slow process and that the amalgamation of the Confucian views of society with the law codes was completed only in the great Tang Code of CE The code is regarded as a model of precision and clarity in terms of drafting and structure.
en.wikipedia.org /wiki/Traditional_Chinese_law   (2998 words)

  
 [No title]
Thus, while it may often be possible to provide a reasonably complete account of Chinese law as it applies to a certain issue, that will not be the same as a reasonably complete account of how a certain issue is in fact treated in China.
No institution existed that could apply law against the state, and original jurisdiction over cases involving individuals was with the local magistrate, an official whose responsibilities covered all aspects of government (and not simply legal matters) within his territorial jurisdiction.
Law has no connection with religion; there is no special, differentiated institution ("court") before which disputing parties advance legal claims; and the legal system functions to serve state interests, not to protect individual rights or to resolve disputes among individuals (although it can sometimes be used to serve that purpose).
faculty.washington.edu /dclarke/public/ChineseLegalSystem.html   (1434 words)

  
 [No title]
Thus, while it may often be possible to provide a reasonably complete account of Chinese law as it applies to a certain issue, that will not be the same as a reasonably complete account of how a certain issue is in fact treated in China.
No institution existed that could apply law against the state, and original jurisdiction over cases involving individuals was with the local magistrate, an official whose responsibilities covered all aspects of government (and not simply legal matters) within his territorial jurisdiction.
Law has no connection with religion; there is no special, differentiated institution ("court") before which disputing parties advance legal claims; and the legal system functions to serve state interests, not to protect individual rights or to resolve disputes among individuals (although it can sometimes be used to serve that purpose).
docs.law.gwu.edu /facweb/dclarke/public/ChineseLegalSystem.html   (1434 words)

  
 LAW : Encyclopedia Entry
Laws can remove people from society for their crimes, laws can create bridges between different societies and there are laws about elections for who represents society.
Competition law is an evolving and relatively new kind of law that began in the late 19th Century with the restraint of trade doctrine.
Law in the EU is however mixed with precedent in case law of the European Court of Justice.
bibleocean.com /OmniDefinition/Law   (5927 words)

  
 lawjobs.com Career Center - Shanghai's Silicon Valley Connection: Carmen Chang
In China you have these laws -- you have government policy, which in many ways is more important than the law to figure out what the policy is, but laws are there to implement the policies.
You have certain American law firms or international law firms that have huge numbers of people, paying them anywhere from $20,000 to $30,000 a year and to do the Chinese law at a very cheap rate.
We're not going to be doing Chinese law, but we probably will be hiring Chinese citizens with JDs, and the issue here is to what extent you will pay them at a lower rate than an American with a JD.
www.law.com /jsp/law/careercenter/lawArticleCareerCenter.jsp?id=1139306710878   (1853 words)

  
 "Traditional Medicine Network - Chinese Medicine."
Chinese Medicine, which embodies a complete and holistic treatment system, is still an integral and most important part of everyday life in China and is actively supported by the Chinese Government through research, education and hospitals.
Chinese Medicine philosophy considers there to be a number of different forms of Qi in the body, but the most important type of Qi as far as treatments are concerned, is the Qi which is perceived to flow along the 12 "Meridians", or energy lines.
Chinese Massage uses a number of techniques, which are designed to release tightness in tissues, stimulate specific points or areas, and facilitate the flow of Qi.
www.traditionalmedicine.net.au /chinmedc.htm   (1151 words)

  
 Teaching Law at RUC
It is a project initiated by the Overseas Young Chinese Forum ("OYCF"), a not-for-profit organization active among the overseas Chinese community in the United States, of which I am a member, and the China Civil and Commercial Law Research Center ("CCCLRC") at RUC Law School.
In American law schools, the textbooks do not tell the students what the law is. An American law student has to read a number of cases, each containing pages of facts and legal analysis, before coming to any conclusion regarding a specific legal issue.
The curriculum at RUC Law School is heavy on traditional law subjects such as civil law and commercial law, while new subjects such as securities law are "elective courses" instead of "mandatory courses." Most of the students had no practical experience in securities law.
www.oycf.org /perspectives/13_083101/teach_law_ruc.htm   (1784 words)

  
 | Book Review | Law and History Review, 17.2 | The History Cooperative
This is a useful resource for understanding the legal theory and practice embedded in the Chinese codes of the Tang (618-906), the Ming (1368-1644), and the Qing (1644-1912) dynasties.
He shows the extent to which Chinese statutes and judicial practice evinced a genuine appreciation for the value of human life—not only of the lives of victims but of defendants as well.
One feels particularly anxious to correct this assertion of the "symbolism" of Chinese civil laws because it is unintentionally part of a long, erroneous, Weberian tradition of depicting Chinese law as essentially an "ethico-ritualistic" tradition in practice.
www.historycooperative.org /journals/lhr/18.1/br_15.html   (802 words)

  
 GlobaLex - Religious Legal Systems: A Brief Guide to Research and Its Role in Comparative Law
Far from being wholly academic, however, comparative law is a practical approach in the service of 1) legal education 2) the appreciation of treaty implementation and 3) choice of law in the new world of public/private international law known as transnational law.
It is clear that in areas of private law such as family law, inheritance, and in come commercial transactions, several religious systems influence secular law or are incorporated as a regime which may or must be applied in those areas or to members of certain religious communities.
Wijeyeratne, Roshan De Silva., Law and The Sacred: The Silent Echo of the Law Phenomenology and the Cosmology of Buddhism, 5 Law/Text/Culture 319 (2000).
www.nyulawglobal.org /globalex/Religious_Legal_Systems.htm   (5167 words)

  
 Rule of Law in China: An Educational Approach
An old Chinese adage says: "a nation may not be without a king for even a day." There is some conventional wisdom attached to this adage, for emptiness of the throne stimulates speculations and invites a battle for power, especially in China where almost all rulers came into power by violence or inheritance.
In traditional Chinese society, law was needed to deter and punish criminal acts and daring attempts challenging the privileges of the emperor and his bureaucrats.
The goal is to get people to understand that law is not the government's law but theirs and is there to protect their rights once they are infringed upon, whether by other members of the society or by a government agency.
www.oycf.org /perspectives/13_083101/rule_law_china.htm   (2677 words)

  
 John W. Head, Codes, Cultures, Chaos, and Champions: Common Features of Legal Codification Experiences in China, ...   (Site not responding. Last check: 2007-10-21)
Han law is the outcome of two streams of thought, an archaic one, filled with the magico-mythical concepts of "primitive" society, and a very matter-of-fact one, purely practical and political, with the raison d'état as its primary motive.
This patchwork of local customary laws might not have had much long-term influence on French law if they had remained scattered and uncollected, but in 1453, Charles VII directed, in his ordinance of Montils-les-Tours, that an official compilation be prepared of all customs.
Two factors seem to predominate: (i) the strength of the common law tradition itself in America and (ii) the emergence by the mid-1800s of a broad range of American legal literature -- chiefly treatises and digests -- that provided tools for lawyers and judges and largely obviated comprehensive codification of the type originally propounded.
www.law.duke.edu /journals/djcil/articles/DJCIL13P1.HTM   (17152 words)

  
 AAS Abstracts: China Session 172   (Site not responding. Last check: 2007-10-21)
All three proceed from similar assumptions-that from the Han onward, the dominant self-image of the Chinese state was familial, that the well-regulated family unit was the basic unit of social control, and that the state possessed the duty to direct and perhaps even to define, the nature of the family.
In tandem with the ruler's need to control its subjects, Chinese law developed, from the outset, in a way that family and bureaucracy, the two basic and most important institutions in the control mechanisms, became its primary concern.
Centered around an in-depth comparison between laws on incest and rape, and discussing legislation on sexual offenses in terms of the dynamics of ideology and sexuality, this paper attempts to discuss the relevant statutes in the Tang Code as well as a number of cases preserved in historical records.
www.aasianst.org /absts/1997abst/China/c172.htm   (947 words)

  
 Traditional Medicine Network - Chinese Medicine - Acupuncture
When acupuncture is used for the treatment of health conditions however, it is generally used in combination with herbal medicine or other traditional Chinese Medicine approaches.
This is the law of tonification (Bu) and of sedation (Xie).
The Traditional Chinese Law of treatment by opposites is called the Great Law of Bu-Xie; it is fundamental to all Traditional Chinese Medicine applications; the correct application of this law is essential in order to achieve efficacy of treatment.
www.traditionalmedicine.net.au /acupunct.htm   (676 words)

  
 West China Improves Legal System for Greater Development
Chinese law experts are now researching ways to ensure a legal guarantee for the sustainable development strategy in west China, whose area and population accounts for 57 percent and 23 percent of the country's total respectively.
However, law experts said that the development of the west should not mimic the old groping ways that took place in the east during the early stage of the country's reform and opening up drive.
Chinese law experts are now researching a legal security system and will offer suggestions for the strategic development of the west.
english.peopledaily.com.cn /english/200006/15/eng20000615_43123.html   (731 words)

  
 AAS Abstracts: China Session 23   (Site not responding. Last check: 2007-10-21)
Hu focuses on laws that were aimed at regulating officials, and notes that concern with controlling official malfeasance outweighed issues of family law.
This paper offers answers to these questions by exploring the formation and transformation of traditional Chinese law from early times to the Ch'in unification, and discusses the developmental characteristics of the law in each major stage of the period in their political, social, economic, and technological contexts.
From then on, traditional Chinese law served primarily as a tool for the internal organization and maintenance of the state bureaucracy.
www.aasianst.org /absts/1997abst/China/c23.htm   (884 words)

  
 Books-on-Law: Book Reviews - JURIST: The Law Professors' Network
Either they view the Chinese legal system as one of the mechanisms of central state control, and thus situate their endeavors in the field of institutional history; or they see Chinese law as a specialized arena for the application of Confucian ideology, and treat the topic as a case study in intellectual history.
For him, understanding of law is not a matter of bringing a blizzard of legal rules under control; rather, it is identification and employment of basic principles.
Donald A. Dripps is the James Levee Professor of Law and Criminal Procedure at the University of Minnesota.
jurist.law.pitt.edu /lawbooks/revmay99.htm   (11439 words)

  
 Extras - Book Review: Guide to China Copyright Law Studies by Robert Haibin Hu | LLRX.com
Hein’s Chinese Law Series, aiming to provide the most up to date legal information on the People’s Republic of China to the U.S. legal community, has released a research guide consisting of 4 volumes.
The first 3 volumes are: The 1997 Criminal Code of the People’s Republic of China with English Translation and Introduction (1998), The Contract Law of the People’s Republic of China with English Translation and Introduction (1999), and The Amended Criminal Procedure Law and Criminal Court Rules of the People’s Republic of China (2000).
With his language capability, knowledge of substantive law, and expertise on legal information, he is able to both master the topic and offer inclusive research instruction in his guide.
www.llrx.com /extras/ch_copyright.htm   (581 words)

  
 Journal of Chinese Law, Vol. 9 No. 2   (Site not responding. Last check: 2007-10-21)
First, "foreign law" referred to hereafter basically should be taken to mean modern Western law as found in democratic countries and based primarily upon the protection of the rights and freedoms of the individual, the concept of which was first highly developed in the 17th and 18th centuries.
Third, this discussion is based on the assumption that while China turned to the West for the modernization of its laws around the turn of the 20th century, the Chinese have not wholeheartedly adopted the Western concept of the individual, and as a result, have not been able to administer successfully their modern Westernized laws.
I shall try to avoid dwelling solely upon the concept of the individual, for the simple reason that there are, in the West and East, so many theories about the nature and the status of the individual.
www.columbia.edu /cu/chinalaw/backissues/issue92/ma.html   (291 words)

  
 CHINA
Law has no connection with religion; there is no special, differentiated institution ("court") for handling legal matters; and the legal system functions to serve State interests, not to protect individual rights or to resolve disputes among individuals (although it can sometimes be used to serve that purpose).
The Chinese Law Net (listserve on modern Chinese law)
Chinese Legal Research at the University of Washington (2000)
www.lfip.org /laws827/link03-china.htm   (1415 words)

  
 CHINA LIFE STYLES the World's Largest China Resource offering information about china, travel asia, passport, travel ...
This information portal is designed to help Chinese Americans, American tourists and English speaking Chinese find resources from the USA and Canada such as Visa, Passport, Work Permits, Student Exchange and Life Style interests all in one easy to find location.
But times have changed: Chinese spas sensing the potential of the relaxation market are giving themselves a makeover upgrading their services so they can compete with the finest health resorts in Asia.
04 :: Tainted Chinese Food in Malaysia - September 18, 2007, 7:12 am - Malaysia placed 14 Chinese exporters on a watch-list after their food shipments were found to be tainted with high levels of preservatives pesticides and heavy metals this year a senior official said.
www.china-lifestyles.com   (554 words)

  
 UW Press: Chinese Family Law and Social Change
Although "law and social change" is a current topic of scholarly discussion, little research has been undertaken on the role of family law as an instrument of social change.
The second section, devoted to family partition procedures, discusses the nature of family property in traditional China; the results of a field investigation on ancestral sacrifice in Manchuria; and the partition of family property in villages in southern Taiwan and in Tibet.
An investigation of marriage and divorce in the People's Republic of China, and comparisons of developments in marriage law in the USSR and in the People's Republic of China are dealt with in the fourth section.
www.washington.edu /uwpress/search/books/BUXCHI.html   (350 words)

  
 Legislators Call for Law on Traditional Chinese Medicine -- china.org.cn
The law would call on the central and local governments to improve the structure of a TCM health care system and promote education and scientific study of TCM.
The central government has announced that more support will be given to bolster the development of TCM to set up a service network covering both urban and rural areas by 2010.
The committee members at Friday's workshop urged the State Council to include the law on TCM in their lawmaking plans.
www.china.org.cn /english/government/185436.htm   (253 words)

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