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Author: Jinfan Zhang Publisher: Springer ISBN: 9789811010309 Category : Law Languages : en Pages : 903
Book Description
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers’ understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the People’s Republic of China
Author: Jinfan Zhang Publisher: Springer ISBN: 9789811010309 Category : Law Languages : en Pages : 903
Book Description
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers’ understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the People’s Republic of China
Author: Jinfan Zhang Publisher: ISBN: 9789811010286 Category : Law Languages : en Pages : 1326
Book Description
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal system. It effectively combines classic and historical analysis to probe the historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of the Chinese legal system on the basis of the existing relevant researches. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens the readers understanding of Chinese legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. The chapters are structured chronologically, ranging from the Xia and Shang Dynasties, the Western Zhou Dynasty, the Spring and Autumn Period, the Han Dynasty, the South and North Dynasties, the Sui and Tang Dynasties, the Song Dynasty to the Ming and Qing Dynasties when Chinese legal system took on its final form. The chapters are compiled according to legislation, administrative law, criminal law and judicial system. Besides, the Chinese legal civilization after the Revolution of 1911 led by Sun Yat-sen is also addressed.
Author: Jinfan Zhang Publisher: Springer Science & Business Media ISBN: 3642232663 Category : Law Languages : en Pages : 710
Book Description
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
Author: Jacques Gernet Publisher: Cambridge University Press ISBN: 9780521497817 Category : History Languages : en Pages : 836
Book Description
When published in 1982, this translation of Professor Jacques Gernet's masterly survey of the history and culture of China was immediately welcomed by critics and readers. This revised and updated edition makes it more useful for students and for the general reader concerned with the broad sweep of China's past.
Author: William P. Alford Publisher: Stanford University Press ISBN: 0804779295 Category : Law Languages : en Pages : 238
Book Description
This study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.
Author: Paul Heng-chao Ch'en Publisher: Princeton University Press ISBN: 140086772X Category : Law Languages : en Pages : 232
Book Description
The evolution of China's legal tradition was one of the most striking aspects of the transformation of Chinese civilization under Mongolian domination. Paul Ch'en's exploration of the legal system of the Yuan dynasty (1271-1368) and its first substantial legal code (the Chih-yuan hsin-ko, or Chih-yiian New Code) provides a key to our understanding of the impact of the Mongols on traditional Chinese law and society. Originally published in 1979. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Yongping Liu Publisher: ISBN: Category : Law Languages : en Pages : 384
Book Description
"Origins of Chinese Law develops and supports an original, yet controversial, picture of early Chinese law. Casting doubt on the accepted premise that there was a unified system of law and punishment throughout the ancient Chinese empire based on the wuxing, or five punishments, the author suggests a more complicated and diverse picture: that from their earliest origins the Chinese people were subject to different laws and punishments based on their clan or social status." "Using a wealth of literary evidence from the Confucian classics and historical writings, and making use of recent archaeological excavations of oracle bones, bronze inscriptions, and bamboo strips, the author elucidates the central concepts that formed the basis of early Chinese law such as Li, covenant, punishment, and the theories and practice of law of the Qin and Han dynasties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Conrad Schirokauer Publisher: Wadsworth Publishing Company ISBN: Category : History Languages : en Pages : 454
Book Description
Part I: THE CLASSICAL CIVILIZATION OF CHINA. 1. "China" In Antiquity. The Neolithic. The Origins of Chinese Writing. The Rise of the Bronze Age. The Shang. The Western Zhou Dynasty. The Book of Odes. 2. Turbulent Times and Classical Thought. The Spring and Autumn Period. The Rise of Hegemons. The Warring States Period. "The Hundred Schools." Confucius. Mozi. Mencius. Xunzi. Laozi and Zhuangzi. Han Feizi. 3. The Early Imperial Period. Qin. Sources and Historiographical Problems. Reappraisals. Han. The Formative Years. The Quality of Han Rule. The Xiongnu and Other Neighboring Peoples. Intellectual Movements. The Visual Art and Poetry. Changes in Political Economy during the Han period: Women. Fall of the Han. Part II: CHINA IN A BUDDHIST AGE. 4. China During The Period Of Disunity. The Fundamentals of Buddhism. A World in Disarray. China Divided. Buddhism in the North. Daoism The Religion. The South. Poetry. Calligraphy. Painting. Buddhism in the South. China on the Eve of Unification. 5. The Cosmopolitan Civilization Of The Sui And Tang: 581-907. The Sui (581-617). The Tang: Establishment & Consolidation. Gaozong & Empress Wu. High Tang. Chang'an. The Flourishing of Buddhism. Daoism. The Rebellion of An Lushan (755-763). Li Bai & Du Fu. Late Tang. Late Tang Poetry & Culture. Collapse of the Dynasty. Part III: LATE IMPERIAL/EARLY MODERN. 6. China During the Song: 960-1279. The Founding. A New Elite. The Examination System. The Northern Song. Government and Politics. Wang Anshi. The Economy. The Religious Scene. The Confucian Revival. Poetry and Painting. The Southern Song (1127-1279). Southern Song Cities and Commerce. Literary and Visual Arts. "Neo-Confucianism". Values and Gender . The End. 7. The Mongol Empire and the Yuan Dynasty. Chinggis Khan: Founding of the Mongol Empire. China under the Mongols: The Early Years (1211-1260). Khubilai Khan and the Early Yuan. The Yuan continued, 1294-1355. The Economy. Society. Religion. Cultural and Intellectual Life. "Northern" Drama. Painting. Rebellions and Disintegration. 8. The Ming Dynasty 1368-1644. The Early Ming (1368 -1424). Maritime Expeditions (1405-1433). The Early Middle Period (1425-1505). The Later Middle Period (1506-1590). Economy and Society. Literacy and Literature. The Novel. Drama. Painting. Ming Thought: Wang Yangming. Religion. Ming Thought after Wang Yangming. Dong Qichang and Late Ming Painting. Late Ming Government (1590-1644). 9. East Asia and Modern Europe: First Encounters. The Portuguese in East Asia. The Jesuits in Japan. The Impact of Other Europeans. The "Closing" of Japan. The Jesuits in China. The Rites Controversy. The Decline of Christianity in China. Trade with the West and the Canton System. 10. The Qing Dynasty. The Founding of the Qing. Early Qing Painters and Thinkers. The Reign of Kangxi. Yongzheng. Qianlong. Eighteenth Century Governance. Eighteenth-Century Literati Culture. Fiction. A Buoyant Economy. Social Change. Ecology. Dynastic Decline. Part IV: CHINA IN THE MODERN WORLD. 11. The Troubled Nineteenth Century, Part I The Opium War and Taiping Rebellion. The Opium War (18391841) and Its Causes, The Treaty of Nanjing and the Treaty System, Internal Crisis, The Taiping Rebellion (18501864), Zeng Guofan and the Defeat of the Taiping, China and the World from the Treaty of Nanjing to the End of the Taiping, PART II 1870-94. The Post-Taiping Revival, Self-Strengtheningthe First Phase, Self-Strengtheningthe Theory, The Empress Dowager and the Government Education Economic Self-Strengthening, The Traditional Economic Sector, Missionary Efforts and Christian Influences, Old Wine in New Bottles, Part III Foreign Relations. Continued Pressures, Vietnam and the Sino-French War of 1884-1885, Korea and the Sino-Japanese War of 1894-1895, The Treaty of Shimonoseki (April 1895). 12. Endings and Beginnings, 18951927, Part 1. The Last Years of the Last Dynasty. The New Reformers, The Scramble for Concessions, The Boxer Rising, Winds of Change, Stirrings
Author: Xiaoqun Xu Publisher: Oxford University Press ISBN: 0190060050 Category : History Languages : en Pages : 352
Book Description
Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.
Author: Maria Francesca Staiano Publisher: Springer Nature ISBN: 9811995788 Category : Law Languages : en Pages : 84
Book Description
This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements. The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.