The Role of Law in Traditional, Nationalist and Communist China

1962 ◽  
Vol 9 ◽  
pp. 124-148 ◽  
Author(s):  
Franz Michael
Keyword(s):  
Philosophy Of Law ◽  
Western Tradition ◽  
Communist China

Any treatment of such a basic topic as the role of law in China, old or new, becomes meaningful only if it is related to a discussion of the philosophy of law in our own tradition. In order to make an evaluation that brings the Chinese situation into relief, one has to compare, contrast, or relate the role of law at the different stages of China's development with its role in the Western tradition. Since the basic philosophical assumptions, on which all definition and discussion of law are based, are themselves controversial in our own tradition, this is a very hazardous undertaking; but it is crucial to any understanding of China, past and present.

Old Menace in New China: Coastal smuggling, illicit markets, and symbiotic economies in the early People's Republic

2017 ◽  
Vol 51 (5) ◽  
pp. 1561-1597
Author(s):  
PHILIP THAI
Keyword(s):  
Foreign Policy ◽  
Complex Relationship ◽  
Black Markets ◽  
Social Actors ◽  
Cross Border ◽  
Illicit Markets ◽  
The Everyday ◽  
Communist China ◽  
Capitalist World

AbstractThis article explores the ambiguous role of coastal smuggling during the first decade and a half of Communist rule (1949–65). Fearing that the illicit flow of commodities siphoned critical revenues and undermined foreign policy, Communist China repurposed and expanded Nationalist China's war on smuggling while employing novel tactics of mobilization. Yet smuggling was not just a threat; it was also a lifeline that alleviated widespread material shortages and supplied the everyday needs of individuals and firms during the tumultuous transition to central planning. Businesses from ‘underground factories’ to state-owned enterprises relied on black markets to meet ambitious production targets and circumvent bottlenecks in official supply channels. Smuggling was thus more than just ‘corruption’ practised by officials—it was also a ‘creative accommodation’ employed by broad swaths of social actors coping with the enormous changes. This article argues that the nascent command economy and the vibrant underground economy existed symbiotically rather than antagonistically. Exploration into this complex relationship reveals many cross-border connections between Communist China and the capitalist world that both complemented and undermined domestic state consolidation.

The Genesis of the People's Procuratorate in Communist China 1949–1951

1964 ◽  
Vol 20 ◽  
pp. 1-37 ◽  
Author(s):  
George Ginsburgs ◽  
Arthur Stahnke
Keyword(s):  
Ad Hoc ◽  
Mainland China ◽  
State Regulation ◽  
Administrative Management ◽  
Chinese Nation ◽  
The People ◽  
Central Direction ◽  
State Administration ◽  
Communist China

When the Chinese Communists finally consummated their seizure of power in mainland China, one of the first tasks which faced them was that of elaborating a formal institutional structure for the exercise of regular public authority. Indeed, while the new leadership now undoubtedly enjoyed de facto control over the country and the mass of the people, it found itself quite destitute of those normal channels of state regulation and administrative management which serve to bestow legitimacy on a claimant to the role of national government and to distinguish a duly constituted, relatively stable political order from an altogether fluid interlude of revolutionary action predicated on ad hoc use of organised force under a central direction. The Party soon moved to make up for this grave deficiency by creating, on paper at least, a complex mechanism of state administration to back up its bid for recognition as the official spokesman for the Chinese nation and, concurrently, provide it with the wherewithal to play that role effectively.

The Role of the Military in the Formation of Revolutionary Committees 1967–68

1970 ◽  
Vol 44 ◽  
pp. 112-145 ◽  
Author(s):  
Jürgen Domes
Keyword(s):  
Cultural Revolution ◽  
Political Process ◽  
High Tide ◽  
Popular Resistance ◽  
Regional Leadership ◽  
Communist China ◽  
New Type ◽  
Attitudinal Response ◽  
The Military

When, at a moment of high tide in the Cultural Revolution, the first Revolutionary Committee was established in the Manchurian province of Heilungkiang on 31 January 1967, a new type of leadership organ appeared on the Chinese scene, indicating drastic changes in the regional power structure. At the beginning, these Revolutionary Committees were supposed to act as “temporary supreme organs of power” (Lin-shih tsui-kao ch'üan-li chi-kou), in which capacity they combined the local and regional leadership of party, administration, economy and mass organizations. During the four weeks preceding the formation of the Heilungkiang Committee, violent activity by newly formed Maoist organizations in a number of Chinese provinces and cities had been answered by wide-spread popular resistance, which was in many cases instigated by the local and regional Party leadership. Facing this resistance, Mao Tse-tung, in a personal mandate to his First Deputy and presumptive successor, Lin Piao, on 17 or 18 January 1967 ordered the military to intervene in the power-struggle between Maoists and anti-Maoists. The immediate attitudinal response of the People's Liberation Army (PLA), however, was not wholly convincing. Nevertheless, this call for the military to support the faltering Maoist counterattack against “revisionist” oppositional forces marks the beginning of a definite rise in military influence on the political process in Communist China.

scholarly journals Correlation between Philosophy and Theory of State and Law

2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub
Keyword(s):  
Civil Rights ◽  
Theoretical Aspect ◽  
The State ◽  
Theory And Practice ◽  
Philosophy Of Law ◽  
Depth Study ◽  
History Of ◽  
Theory Of Law ◽  
The Relationship

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.

scholarly journals Role of the Philosophy of Law in the process of unifying the legal systems of the members of the European Union in the context of the Common Framework of Reference Project v

2021 ◽  
Vol 39 (68) ◽  
pp. 463-475
Author(s):  
Fursa Svitlana Yaroslavivna ◽  
Kukhniuk Dmitriy Vladimirovich ◽  
Bondar Iryna Vadymivna ◽  
Maliarchuk Liubov Sergiivna ◽  
Derii Olena Olexsandrivna
Keyword(s):  
European Union ◽  
The State ◽  
Necessary Condition ◽  
Legal Systems ◽  
The European Union ◽  
Philosophy Of Law ◽  
Strategic Direction ◽  
Common Framework ◽  
The Common

The study discusses the role of the philosophy of law in the process of unifying legal systems through the prism of the principles of the Draft Common Framework of Reference in Europe. The application of the philosophy of law in unification processes is also a necessary condition for the implementation of these processes about human rights and the sovereign interests of the State, which implements the unification of the legal order. Hence, the issue of European integration determines the strategic direction of the state, and this leads to the unification of law. The study aims to identify the role of the philosophy of law in the processes of unifying the legal systems of the European Union and its importance in the use of principles in these processes, justifying the need to use the philosophy of law in any process of transformation. It is concluded that the philosophy of law is a bridge harmonized with the legal sphere of operation of both individual states and supranational associations.

Introduction

2017 ◽  
Author(s):  
Qiang Fang ◽  
Xiaobing Li
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
Historical Root ◽  
Communist China ◽  
Imperial China

The Introduction begins with a study on the role of the legal system as a knife hilt in the communist China. It then traces the historical root of the role of law as a tool in imperial China during which even enlightened rulers such as Tang Taizong would sometimes violate law because the compliance of law largely depended on rulers’ self legal consciousness and not the enforcement.

The Role of Law in Communist China

1970 ◽  
Vol 44 ◽  
pp. 66-111 ◽  
Author(s):  
Victor H. Li
Keyword(s):  
Historical Development ◽  
Social Institution ◽  
Legal Systems ◽  
Efficient Manner ◽  
Legal Norms ◽  
Precise Shape ◽  
Communist China ◽  
General Conditions

Law is a social institution designed to help society operate in a harmonious and efficient manner. It fosters orderly relations among individuals and groups by formulating and enforcing some basic rules of conduct, providing mechanisms for the resolution of some major disagreements, and defining the structure and mode of government. The precise shape, content and manner of operation of this institution are determined by the resources, needs, problems, historical development and general conditions of the society in which it functions. As these factors differ from society to society, so also differ the attitudes towards law, the forms of legal systems and the specific legal norms and rules.

The Theory of Price Formation in Communist China

1966 ◽  
Vol 27 ◽  
pp. 33-53 ◽  
Author(s):  
Nai-Ruenn Chen
Keyword(s):  
The State ◽  
Price Formation ◽  
State Sector ◽  
Economic Problems ◽  
Commodity Production ◽  
Communist China ◽  
The Law

The theory of price formation has been vigorously discussed in Communist China since 1953, but the main themes of the discussion have varied. Generally speaking, the discussion may be conveniently divided into two periods. The first period covers the years prior to 1960, during which there were a large number of articles dealing with the role of the “law of value” in socialist planning and the problem of price formation for producer goods transferred within the state sector. The discussion was partly a result of Stalin's publication of Economic Problems of Socialism in the U.S.S.R. A number of Chinese economists disagreed with Stalin's assertion that the law of value and the concept of commodity production and exchange did not apply to the state sector.

Islamic jurisprudence and the role of the accused: a re-examination

Legal Studies ◽  
2003 ◽  
Vol 23 (4) ◽  
pp. 587-604
Author(s):  
S A Farrar
Keyword(s):  
Criminal Justice ◽  
Western Tradition ◽  
Methods Of Analysis ◽  
Islamic Jurisprudence ◽  
Critical Scrutiny ◽  
The Individual ◽  
Constitutional Protections

This paper re-examines the Orientalist view that Islamic criminal justice operates without any constitutional protections for the individual. It takes the works of Noel Coulson as representative of the canon and subjects them to critical scrutiny. Rather than mimic Orientalist methods of analysis, the author integrates the views of a contemporary, but traditional Islamic scholar, and demonstrates that an accused receives similar, if not more, protection than in a secular, Western tradition.

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