The following text is the Provisional Constitution (約法) of the Republic of China as adopted by the National People's Convention (國民會議) on May 12, 1931. The Provisional Constitution included Sun Yat-sen's principle of "political tutelage", de facto providing the Guomindang government with dictatorial powers. The Constitution remained in effect until 1936, when the government promulgated a new… Continue reading Provisional Constitution Of The Republic Of China (1931)
On May 27 the Indonesian navy intercepted a Chinese fishing boat which was allegedly fishing near Indonesia's Natuna Islands, a group of 272 islands located in the South China Sea. On Monday Hua Chunying (華春瑩), the spokesperson of China's Foreign Ministry, stated at a press conference that China and Indonesia had "different opinions" regarding the incident. According to… Continue reading Indonesian Warship Fires Shots At Chinese Fishing Boat In South China Sea
In the previous post we have described the similarities and differences between Maoism and Legalism, and in particular we have shown the parallels between Maoist and Legalist doctrines regarding the establishment of an autocratic, centralised state. Moreover, we have demonstrated that Mao Zedong rejected Confucian values, which he viewed as "reactionary". In this post we… Continue reading Law In Post-Mao China: Confucianism, Legalism, Imperial Traditions
On May 17, Zhang Dejiang paid a high-profile visit to the Hong Kong Special Administrative Region (HKSAR). Zhang is a senior member of the Standing Committee of the Communist Party’s Politburo, ranking third after Xi Jinping and Li Keqiang. He currently serves as chairman of the National People's Congress (NPC), as vice-chairman of the Chinese Communist Party… Continue reading The Communist Party Will Uphold ‘One Country, Two Systems’, Oppose Hong Kong Independence, Says Zhang Dejiang
When Mao Zedong proclaimed the founding of the People's Republic of China (PRC) on October 1, 1949, the Chinese Communist Party (CCP) stood before the tremendous task of rebuilding the state on the basis of Soviet-style Communist principles. Yet despite their desire to create a new China, Communist leaders drew on old political and social… Continue reading Mao Zedong, Legalism and Confucianism – Similarities And Differences
Before the overthrow of the Qing Dynasty in 1911, China's legal system differed from that of liberal Western states in three major aspects: First, the apex of the entire legal system was the absolute monarch; it was the emperor who issued and abolished laws, and the most serious crimes of the legal code were those… Continue reading China’s Legal System And The “Ten Abominations”
The legal system of imperial China developed from two schools of thought: Confucianism and Legalism. Although both of them exerted a deep influence on China's state-building as well as on its moral and legal traditions, at the beginning these two philosophies were bitterly opposed to each other, as they were based on entirely different principles… Continue reading Law In Imperial China – Confucianism And Legalism
On October 13, 2014, Yu Wensheng, a lawyer from Beijing, was arrested and detained by the police for 99 days . He was interrogated approximately 200 hundred times by 10 officers who worked in shifts night and day. Yu's wrists were fastened behind his back with handcuffs. "My hands were swollen and I… Continue reading China’s Legal System – Communist or Feudal?