One of the major differences between China and the West is the importance which the family - with its hierarchical structure and its complex web of social roles, regulations, duties, and moral values - has in Chinese society (see: Filial Piety in Chinese Culture). Despite major social and economic changes, the Chinese-speaking world has retained… Continue reading Western Values – Asian Values: A Chinese Revolutionary’s View on Western and Chinese Family
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
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
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
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)
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
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”
