Duansheng Qian’s thoughts on human rights

2020 ◽  
Vol 5 (1) ◽  
pp. 35-56
Author(s):  
Pinghua Sun
Keyword(s):  
Human Rights ◽  
Practical Significance ◽  
Legal Systems ◽  
Republic Of China ◽  
Legal Thought ◽  
The Republic Of China ◽  
The Republic

AbstractDuansheng Qian was a renowned scholar in the period of the Republic of China who studied in depth and at length the legal systems of different countries. His discourse constitutes a rich treasure of political and legal thought and numerous ideas on human rights. Much of his discourse touches on the concept of protecting human rights. A study of Qian’s works reveals the breadth and width of his ideas on human rights that form an important part of Chinese concepts on human rights. Many of these concepts are of great historical and practical significance.

The Principle of Human Rights in Nationalist China: John C. H. Wu and the Ideological Origins of the 1946 Constitution

1985 ◽  
Vol 103 ◽  
pp. 441-461 ◽  
Author(s):  
Thomas E. Greift
Keyword(s):  
Human Rights ◽  
Modern China ◽  
Chinese Tradition ◽  
Republic Of China ◽  
Modern Chinese ◽  
The Republic Of China ◽  
The Republic ◽  
The Individual

The 1946 Constitution of the Republic of China was a product of 13 years' effort by the most liberal elements of the Kuomintang to create a permanent constitution for modern China. The Constitutionalists' goal was to synthesize “autochthonous” norms from the Chinese tradition and modern western liberal values, in accordance with the pre-existing syncretism that Sun Yat-sen had created a generation before. They hoped, thereby, to reach a just balance between the claims of the individual and the claims of the collective in the modern Chinese polity.

scholarly journals Saving the Nation by Sacrificing Your Life: Authoritarianism and Chiang Kai-shek's War for the Retaking of China

2018 ◽  
Vol 47 (2) ◽  
pp. 55-86
Author(s):  
Isabelle Cheng
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Mainland China ◽  
Republic Of China ◽  
Life And Death ◽  
Chinese Nation ◽  
Authoritarian Government ◽  
The Republic Of China ◽  
The Republic ◽  
The Relationship

This article examines the role assigned to citizens by the ideology of authoritarianism in the relationship between Chiang Kai-shek's war to retake mainland China and the wartime regime constructed for fighting that war. Viewing Chiang's ambition of retaking China by force as an anti-communist nationalist war, this paper considers this prolonged civil war as Chiang's attempt at restoring the impaired sovereignty of the Republic of China. Adopting the concept of “necropolitics,” this paper argues that what underlay the planning for war was the manipulation of the life and death of the citizenry and a distinction drawn between the Chinese nation to be saved and the condemned communist Other. This manipulation and demarcation was institutionally enforced by an authoritarian government that violated citizens' human rights for the sake of winning the nationalist war.

scholarly journals The Role Of Baihua In Chinese Linguistics

2020 ◽  
Vol 02 (10) ◽  
pp. 97-102
Author(s):  
Feruza Khasanova ◽  
Keyword(s):  
Chinese Language ◽  
Practical Significance ◽  
Republic Of China ◽  
Modern Chinese ◽  
The Status ◽  
The Republic Of China ◽  
The Republic ◽  
Chinese Linguistics

This article discusses the situation in Chinese linguistics before the founding of the Republic of China, the status of the Baihua language, the “may 4 movement” for the Baihua language and its consequences. As a result of the widespread introduction of the Baihua language, which served as an important factor in the formation of the modern Chinese language, a number of reforms were carried out in Chinese linguistics. The relevance of each reform gained practical significance.

scholarly journals Criminal-Legal and Criminological Features of the Prevention of Corruption Crime in the Republic of China in the middle of the second decade of the XXI century

2017 ◽  
Vol 4 (3) ◽  
pp. 167-175
Author(s):  
P N Kobets
Keyword(s):  
System Analysis ◽  
Legal Framework ◽  
Criminal Code ◽  
Practical Significance ◽  
Industrial Growth ◽  
Republic Of China ◽  
General Scientific ◽  
The Republic Of China ◽  
The Republic ◽  
Historical Methods

Subject of study are the legal and organizational basis of counteraction of corruption crime in the Republic of China and measures for its counteraction. In the process of working on a publication the author uses a set of such General scientific research methods as comparison, analysis, synthesis, and formal-logical, comparative-legal and other methods including: statistical and historical methods. The author attempts to describe the complex of problems of both theoretical and applied nature, related to the functioning and improvement of anti-corruption crime in China. They conducted the analysis of the legal framework, the characteristics of the legal techniques relating to the criminal prohibitions of corruption and number of organizational measures aimed at preventing crimes of corruption. In the process of the study addressed the provisions of existing acts of law-making in the field of combating corruption: the Constitution of the PRC, the criminal code of the PRC, laws and regulations, party and departmental documents. The author comes to the conclusion that criminal and disciplinary sanctions are the most commonly used measures in the fight against corruption worldwide and this feature is most clearly evident in China, where such repressive mechanisms represent the main levers of the fight against the considered phenomenon. The necessity of studying the legislative experience of China in the sphere of counteraction of corruption for its application by the Russian legislator, taking into account national specifics of the domestic legal culture and legal practice. Scientific novelty of research is defined by the system analysis of complex counteraction of corruption crime in China. The practical significance of the work lies in the fact that the mastery of the positive and negative sides of the experience of combating corruption crime in China can be used in the preparation of information and analytical materials, practical issues, building the system of organizational and managerial work in fighting corruption. Keywords: People’s Republic of China, the merging of crime and power, industrial growth, anti-corruption activities, punishment for corruption, ethical norms, criminal law, legal techniques, crime prevention.

scholarly journals Interpretations of Mohism’s “Impartial Love” in the Republic of China: A Comparative Approach to Confucianism and Mohism

2021 ◽  
Vol 7 (1-2) ◽  
pp. 23-51
Author(s):  
Sixin Ding (丁四新) ◽  
Xiaoxin Wu (吳曉欣)
Keyword(s):  
Qing Dynasty ◽  
Filial Piety ◽  
Practical Significance ◽  
Comparative Approach ◽  
Republic Of China ◽  
The Qing Dynasty ◽  
High Regard ◽  
The Republic Of China ◽  
The Republic ◽  
The Relationship

Abstract Since the reign of Qianlong and Jiaqing in the Qing dynasty, there have been signs of a resurgence of interest in Mohism. Intellectuals became particularly invested in Mozi’s teachings during the period of the Republic of China. “Impartial love,” the notion of equity advocated by Mozi, received the most attention. At the time, most discussions primarily attempted to respond to Mencius’s criticism of Mozi’s doctrine. Some scholars stressed Mohism’s high regard for filial piety and demonstrated persuasively that the concept of impartial love did not closely correspond to Mencius’s labelling of it as “disregarding one’s father.” Other scholars drew a distinction between Mozi and his disciples and identified only the latter as deserving of Mencius’s criticism. Some thinkers affirmed impartial love’s practical significance and saw it as a significant tool for condemning the autocracy and saving the country from imminent downfall. Others vehemently denounced the principle’s impracticability. A close look at these different trends can provide us with a better understanding of the different attitudes of intellectuals in the period of the Republic of China regarding Confucianism and the relationship between Confucianism and Mohism.

The Normalization of Sino-French Diplomatic Relations in 1964 and the Formation of the “One-China” Principle: Negotiations over Breaking French Diplomatic Relations with the Republic of China Government and the Recognition of the People’s Republic of China as the Sole Legitimate Government

2012 ◽  
Vol 8 (1) ◽  
pp. 252-271
Author(s):  
Madoka Fukuda
Keyword(s):  
The United States ◽  
People’S Republic Of China ◽  
Diplomatic Relations ◽  
People's Republic Of China ◽  
African Countries ◽  
Republic Of China ◽  
The Republic Of China ◽  
The Republic ◽  
The Government ◽  
The One

AbstractThis article examines the substance and modification of the “One-China” principle, which the government of the People’s Republic of China (PRC) pursued in the mid 1960s. Under this principle, a country wishing to establish diplomatic relations with the PRC was required first to break off such relations with the Republic of China (ROC). In 1964 the PRC established diplomatic relations with France. This was its first ambassadorial exchange with a Western government. The PRC, in the negotiations over the establishment of diplomatic relations, attempted to achieve some consensus with France on the matter of “One-China”. The PRC, nevertheless, had to abandon these attempts, even though it demanded fewer conditions of France than of the United States (USA), Japan and other Western countries in the 1970s. The PRC had demanded adherence to the “One-China” principle since 1949. France, however, refused to accept this condition. Nevertheless, the PRC established diplomatic relations with France before the latter broke off relations with the ROC. Subsequently, the PRC abandoned the same condition in negotiations with the African governments of the Republic of Congo, Central Africa, Dahomey and Mauritania. After the negotiations with France, the PRC began to insist that the joint communiqué on the establishment of diplomatic relations should clearly state that “the Government of the People’s Republic of China is the sole legal government of China”. However, France refused to insert these words into the communiqué. Afterwards, the PRC nevertheless insisted on putting such a statement into the joint communiqués or exchanges of notes on the establishment of diplomatic relations with the African countries mentioned above. This was done in order to set precedents for making countries accede to the “One-China” principle. The “One-China” principle was, thus, gradually formed in the process of the negotiation and bargaining between the PRC and other governments.

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