chinese legal system 中国法律体系发展.ppt

CHINESE LEGAL Tradition;Confucianism and Legalism in Ancient China;Confucianism;Li （Rite）;Li Zhi (Rule by Li, 礼治);Legalism ;Law;They disagreed with Confucianism’s opinion that “the Li does not reach down to the common people; penal law does not reach up to the great official.” A state needed strict laws and harsh punishments to maintain order. ;A set of administrative techniques and method which influences all aspects of ruler’s control. Key: make the ruler mysterious so that no one can predict ruler’s motivation;Ruler should hold the absolute power and have privilege over all subjects.;The relationship between social order and law Li vs. law How Chinese society should be ruled by ethics vs. by law ;The Linkage of Confucianism and Legalism ;Dong’s theory emphasized the supremacy of Li and the subservience of law. It established the three authorities: the emperor’s authority over his ministers, a father’s authority over his children, and a husband’s authority over his wife. ;Family rules;The family concept extended to the state level. The emperor was considered as the father of the state. The emperor’s authority and relationship with his people were the same as those in the family system. ;Modernization of Chinese Law;As a result of new influence from outside world, codes similar to western law were formulated. Drafts of criminal and civil law compiled by Japanese legal advisors; copied mainly from European and Japanese law (Civil law system).;Modernization of Chinese law;The adoption of the “Six Codes” altered the Chinese legal system from a single, unified code focused on criminal law to a system of separate codes for separate areas of law.;Contemporary Chinese legal system;Autonomy regulations（自治条例） and separate rules（单行条例） The laws of Special Administrative Region（特别行政区法） International treaties （国际条约）;;;Issued by local Peoples Congresses;Signed international treaties are in practice automatically incorporated into PRC law;The Procuratorate System The