Contents 1.Chinese Legal Tradition 2.The Modernization of the Chinese Law 3.The legal system of modern China: Court System,Judge System,Trial System and others
Contents Contents 1. Chinese Legal Tradition 1. Chinese Legal Tradition 2. The Modernization of the Chinese 2. The Modernization of the Chinese Law 3.The legal system of modern China: The legal system of modern China: Court System, Judge System, Trial Court System, Judge System, Trial System and others System and others
Part I 1.Chinese Legal Tradition Chinese law has the oldest legal tradition in the world.For most of the history of China,it has been based on the Confucian philosophy of social control through moral education,as well as the Legalist emphasis on codified law and criminal sanction
Part I 1. Chinese Legal Tradition 1. Chinese Legal Tradition Chinese Chinese law has the oldest has the oldest legal tradition in the world. For most of tradition in the world. For most of the history history of China, it has been , it has been based on the based on the Confucian Confucian philosophy philosophy of social control of social control through moral education, as well through moral education, as well as the Legalist Legalist emphasis on emphasis on codified law codified law and criminal sanction criminal sanction
1.Chinese Legal Tradition ■ Shang Yang商鞅,390-338B.C.) a famous legalist during the time Warring States Period 475-221 B.C. ■ criminal code-Great Qing Legal Code (221-206B.C.)
1. Chinese Legal Tradition 1. Chinese Legal Tradition Shang Yang Shang Yang商鞅, 390 —338 B.C. 338 B.C. ) , a famous legalist during the time , a famous legalist during the time Warring States Period 475 Warring States Period 475 -221 B.C. criminal code criminal code -Great Qing Legal Code Great Qing Legal Code (221 -206 B.C. 206 B.C. )
1.1 The idea of law The word for law in classical Chinese was Fa ()The Chinese character for Fa denotes a meaning of "fair","straight"and "just“(recht). ■fa(法)had an association with yi(義:"social rightness") ■ The word 'law'in Western languages has four different interpretations in Chinese as in f(理:"order'"),f(礼:"rites","rules of human made law)and
1.1 The idea of law 1.1 The idea of law The word for law in The word for law in classical Chinese classical Chinese was Fa ( 法). The Chinese character Chinese character for Fa denotes a denotes a meaning of "fair", "straight" and meaning of "fair", "straight" and "just “ (recht). (recht). fa ( 法) had an association with ) had an association with yi ( 義: "social : "social rightness") rightness") The word 'law' in Western languages has The word 'law' in Western languages has four different interpretations in Chinese as in four different interpretations in Chinese as in li ( 理: "order"), : "order"), li ( 礼: "rites", "rules of : "rites", "rules of propriety"), propriety"), fa ( 法: "human made laws") and : "human made laws") and zhi ( 制: "control") : "control")
The idea of law ■ A term which preceded fa (was xng(刑),which originally probably referred to decapitation.Xing later evolved to be a general term for laws that related to criminal punishment
The idea of law The idea of law A term which preceded A term which preceded fa(法) was xing ( 刑), which originally probably ), which originally probably referred to referred to decapitation decapitation. Xing later evolved to be a general term for laws evolved to be a general term for laws that related to criminal punishment. that related to criminal punishment