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

The Guomindang, The Communist Party And Leninism

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

Provisional Constitution Of The Republic Of China (1931)

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)