Voluntary Surrender and Confession in China’s Legal System – From the Empire to the People’s Republic

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

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Legalism And Leninism In China’s Constitutional History

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

Legalist Tradition And Criminal Law – Republic Of China vs People’s Republic Of China

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

Law In Post-Mao China: Confucianism, Legalism, Imperial Traditions

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

Mao Zedong, Legalism and Confucianism – Similarities And Differences

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

China’s Legal System And The “Ten Abominations”

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”

Law In Imperial China – Confucianism And Legalism

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

China’s Legal System – Communist or Feudal?

    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?