By Jianfu Chen
This publication examines the historic and politico-economic context within which chinese language legislations has constructed and reworked, concentrating on the underlying elements and justifications for alterations. It makes an attempt to cartoon the most traits in criminal modernisation in China.
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Extra resources for Chinese Law: Context and Transformation (Numen Book) (Numen Book Series)
24 This idea is reflected in one of the most cited Confucian passages: Lead the people by regulations, keep them in order by punishments (xing), and they will flee from you and lose all self-respect. 25 In short, a good government was seen as a government based on virtue (de) and li. Until quite recently, scholars in the PRC had insisted that traditional legal culture was a part of the ‘feudalist tradition’ that was only abolished in 1949 when the PRC was established. See Chinese Encyclopaedia – Law, supra note 15, at 4-7.
Whether Chinese law was comparable to natural law is however controversial. See Turner, supra note 12, at 27; Peerenboom, supra note 2. 93 T’ung-tsu Ch’ü, supra note 2, at 226. 94 Bodde & Morris, supra note 2, at 4; Jones, supra note 6, at 4. 95 20 1. 97 (2) Law as an administrative tool: Largely as a legacy of the influence of Legalism,98 traditional Chinese positive law was also a tool for state administration. The sophisticated and complex bureaucracy established and developed since the Qin period facilitated the development of, and was backed by, an equally sophisticated and highly developed system of administrative law, with its primary attention on punishment rather than on adjudication.
69 Yu Ronggen, supra note 27, at 63. 70 Qin is also known as ‘the state of tiger and wolf ’. Its unification of China was based on its military power and the brutal and ruthless ideology of Legalists. See Fung Yu-lan, supra note 2, at 191. 71 MacCormack, supra note 2, at 5. 72 73 T’ung-tsu Ch’ü, supra note 2, at 263. One of the well-known Confucian teachings is ‘academic excellence leads to officialdom’. Indeed, Confucius himself spent 14 years travelling to different kingdoms seeking official appointment.
Chinese Law: Context and Transformation (Numen Book) (Numen Book Series) by Jianfu Chen