In a historic referendum held on June 23rd the United Kingdom (UK) voted to leave the European Union (EU) by a thin margin of 51.9% against 48.1%. Whether this decision will harm the British economy or will lead the EU to its disintegration, as some have predicted, is a matter of speculation for the time being. However, … Continue reading Brexit Highlights Decline of Europe and Rise of China’s Neo-Communist Model
China's Televised Confessions On January 17 Gui Minhai, a Chinese-born Swedish citizen, made a high-profile confession on China Central Television (CCTV), saying that he had turned himself to the authorities voluntarily. He confessed to having caused the death of a 20-year-old woman while drunk-driving back in 2003. According to China's state media, Gui had subsequently fled … Continue reading Voluntary Surrender and Confession in China’s Legal System – From the Empire to the People’s Republic
Chiang Kai-shek, the leader of the Republic of China (ROC) and of the Guomindang from 1927 to 1975, is a controversial figure whose legacy is still debated both in China and in Taiwan. In this post we shall let Chiang himself speak and quote several passages from his speeches and works which highlight the complexity … Continue reading Chiang Kai-shek – Dictator, Idealist, Criminal?
When the Qing Dynasty was overthrown in 1911 and the Republic of China (ROC) was proclaimed, the revolutionaries led by Sun Yat-sen embarked on an ambitious experiment to modernise the country according to liberal Western ideals of democracy, human rights and division of powers. The new Republican government issued a Provisional Constitution which guaranteed progressive … Continue reading Legalism And Leninism In China’s Constitutional History
In a previous post we have demonstrated that the Constitution of the People's Republic of China (PRC) contains fundamental elements which are consistent with, if not directly derived from, Legalist principles. In this chapter we shall analyse and compare the Legalist elements contained in the criminal codes of the Republic of China (ROC) and of … Continue reading Legalist Tradition And Criminal Law – Republic Of China vs People’s Republic Of China
Sun Yat-sen (source: Wikipedia) Sun Yat-sen (1866 – 1925) was a Chinese revolutionary and politician. During the Late Qing era he fought to overthrow the Manchu Dynasty and establish a new, modern Chinese state. His political doctrines, most notably the Three Principles of the People, had a deep impact on the development of China in … Continue reading Sun Yat-sen: Memoirs of a Chinese Revolutionary
In the previous posts we have shown how Legalist and Confucian values as well as the legal codes of imperial China have influenced the legal system of the People's Republic of China (PRC). We have concluded that the Communist state emphasizes Legalist principles and legal traditions that aimed at protecting dynastic rule from rebellion and treason. … Continue reading Confucianism And The Law In Singapore And Taiwan
Founded in 1912, the Guomindang (中國國民黨, literally China National People's Party) is the oldest still active political party in the Chinese-speaking world. It constituted the first elected majority in the Chinese National Assembly of 1913. After Yuan Shikai's coup d'etat, the Guomindang devoted itself to the mission of reunifying China, defeating the warlords, and defending the country's territorial integrity … Continue reading The Guomindang, The Communist Party And Leninism