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  • Level: GCSE
  • Subject: Law
  • Word count: 1995

Legal history of China.

Extracts from this document...

Introduction

Legal history of China Before I introduce the legal history of China, I want to talk about several points: First, introduce the legal history of China should be based on the general history of china: As everyone has know the general history of China, I will not introduce it in detail.( The ancient China had many dynasties, from the Xia Dynasty (21th-16th century before Christ), to the Shang Dynasty (16th�11th century B.C). West Zhou Dynasty (11century B.C-256 B.C. total 800 years), the Spring and Autumn Period (770 B.C.�476 B.C), Warring States Period (403-221 BC), the Qin Dynasty (221B.C�206B.C.) ,the Han Dynasty (202B.C,24EMPORALS,406years), Three Kingdoms (220 - 265) ,Dynasties of the North and South (317 - 589) ,the Sui Dynasty (581-618), Tang Dynasty, (617- 907, 290years),the Song Dynasty (960-1279, 18 emporals,320 years, Yuan Dynasty (1206 -1368 ,11 emperors, 98 years),Ming Dynasty (1368�1644), till the Qing Dynasty (1616�1911). It has been proved though textual research that China has a legal history of five thousand years. During the passed thousands of years, China had a continuous legal history, clear evolution, abundance materials and content. China legal system had far-reaching influence to other countries. If we couldn't find a correct method to research, it would be difficult to speak it out in several minutes. Second, find a correct method to research: I will introduce the legal history of china according to the nature of social institution. It is the correct manner in studying the legal system of china. ...read more.

Middle

And china suffered nearly one hundred years in time of war. During that period, governments alternated from one to another. No government could rule for a long time. 1\At the end of Qing Dynasty, \\ it had to begin the movement of constitutionalism and the reform of legal system. \\China had absolute criminal law, civil law, procedure law and substantial law. Detached the criminal law and civil law, detached the procedure law and substantial law, \\and began to adopt some system such as trial at Bar, defend, etc,. 2\Nanjin kuomindang government replanted the legal system in Japan, including constitution, the statutes of different legal departments, courts, procuratorate, IV socialism society from 1949 till now 50 years passed by, since the People's Republic of China set up. But our law scientists pay little attention on researching the legal history of new china. Tile now, we have no authoritative statement on this field. I want to introduce the history of new china in two periods, one is the history prior to the reforms, and the other is the history after the Reforms. History Prior to the Reforms The origins of the current legal system can be traced back to the period of the Chinese-Soviet Republic in the revolutionary bases prior to the establishment of the People's Republic of China. After the prc set up, the laws of the previous Guomindang Government previously existing, were declared null and void. 1\The first formal piece of legislation, commonly referred to, was the Common Programme of the Chinese People's Political Consultative Congress promulgated in 1949 which laid down the essential principles of the Constitution and which was adopted in 1954. ...read more.

Conclusion

This, as discussed later, has proved to be very difficult, if not impossible, in the current heavily interdependent world. The economic exchanges with foreign countries and regions, and China's own effort to join the WTO have gradually made the Chinese market an integrated part of the world market. Chinese economy has become an inseparable part of the global economy. The interdependence between China and the rest of the world makes it impossible for China to resist cultural, political and legal influences, including values and beliefs, of foreign countries on the one hand, and to welcome foreign capital and advanced technology on the other. These economic exchanges carry cultural, political, legal, moral, even ideological values with them, for economic transactions require the help of human beings, the real persons who exchange views with each other. Through such exchanges, foreign concepts, values, etc. slowly entered China and influenced Chinese laws too. After twenty years effort, China has formed a completed legal system, which has the unique characteristics. Now the legal system of china is the most completed and the most plentiful in the history of china. We can predict that the legal system of china will be more completed and more perfect in the new century. It will reflect the excellent legal achievement s, the growth of culture, and the tend of the times. Vii: China is rich in traditional legal culture. The traditional legal culture is in sharp conflict with social environment in contemporary China. It is necessary for society ruled by law to accomplish the modernization of the traditional legal culture. ...read more.

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