Legal History Of China
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Legal History Of China
The origin of the current law of the People's Republic of China can be traced back to the period of the early 1930s, during the establishment of the Chinese Soviet Republic. In 1931 the first supreme court was established. Though the contemporary legal system and laws have no direct links to traditional Chinese law, their impact and influence of historical norms still exist. In the period between 1980 and 1987, important progress was made in replacing the ''rule of men'' with the ''rule of law''. Laws originally passed in 1979 and earlier were amended and augmented, and law institutes and university law departments that had been closed during the Cultural Revolution were opened to train lawyers and court personnel. It was only a beginning, but important steps had been taken in developing a viable legal system and making the government and the courts answerable to an invisible standard. Imperial era Contemporary social control is rooted in the Confucian past. The teachings ...
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Law Of The People's Republic Of China
The Law of the People's Republic of China, officially referred to as the socialist rule of law with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. Hong Kong and Macau, the two special administrative regions, although required to observe the constitution and the basic laws and the power of the National People's Congress, are able to largely maintain their legal systems from colonial times. Since the formation of the People's Republic of China in 1949, the country does not have judicial independence or judicial review as the courts do not have authority beyond what is granted to them by the National People's Cong ...
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Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the Civil law (legal system)#Codification, defining features for most civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the Code of Hammurabi, set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the ''Twelve Tables, Lex Duodecim Tabularum'' and much later the ''Corpus Juris Civilis''. These codified laws were the exceptions rather than the rule, however, as du ...
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Qing Dynasty
The Qing dynasty ( ), officially the Great Qing, was a Manchu-led Dynasties of China, imperial dynasty of China and an early modern empire in East Asia. The last imperial dynasty in Chinese history, the Qing dynasty was preceded by the Ming dynasty and succeeded by the Republic of China (1912–1949), Republic of China. At its height of power, the empire stretched from the Sea of Japan in the east to the Pamir Mountains in the west, and from the Mongolian Plateau in the north to the South China Sea in the south. Originally emerging from the Later Jin (1616–1636), Later Jin dynasty founded in 1616 and proclaimed in Shenyang in 1636, the dynasty seized control of the Ming capital Beijing and North China in 1644, traditionally considered the start of the dynasty's rule. The dynasty lasted until the Xinhai Revolution of October 1911 led to the abdication of the last emperor in February 1912. The multi-ethnic Qing dynasty Legacy of the Qing dynasty, assembled the territoria ...
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Arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of Commercial law, commercial disputes, particularly in the context of International commerce, international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include Class action waiver, a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensu ...
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Deng Xi
Deng Xi (; zh, c=鄧析, w=Têng Hsi, 545 – 501 BCE) was a Chinese philosopher and rhetorician associated with the School of Names. Once a senior official of the Zheng state, and a contemporary of Confucius, he is regarded as China's earliest recorded lawyer, known for his clever use of words and language in lawsuits. The ''Zuo Zhuan'' and '' Annals of Lü Buwei'' critically credit Deng with the authorship of a penal code, the earliest known statute in Chinese criminology entitled the "Bamboo Law". This was developed to take the place of the harsh, more Confucian criminal code developed by the Zheng statesman Zichan. Deng is regarded as the first proponent to advocate following the li, or pattern of things. A term which refers to the processing of jade, it would be utilised by the neo-Mohists as the term identifying the logic and history of a thing in the growth of a proposition. With arguments pertaining to forms and names, Deng Xi is cited by Liu Xiang for the origin of t ...
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Literature
Literature is any collection of Writing, written work, but it is also used more narrowly for writings specifically considered to be an art form, especially novels, Play (theatre), plays, and poetry, poems. It includes both print and Electronic literature, digital writing. In recent centuries, the definition has expanded to include oral literature, much of which has been transcribed.; see also Homer. Literature is a method of recording, preserving, and transmitting knowledge and entertainment. It can also have a social, psychological, spiritual, or political role. Literary criticism is one of the oldest academic disciplines, and is concerned with the literary merit or intellectual significance of specific texts. The study of books and other texts as artifacts or traditions is instead encompassed by textual criticism or the history of the book. "Literature", as an art form, is sometimes used synonymously with literary fiction, fiction written with the goal of artistic merit, but ...
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Philosophy
Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational and critical inquiry that reflects on its methods and assumptions. Historically, many of the individual sciences, such as physics and psychology, formed part of philosophy. However, they are considered separate academic disciplines in the modern sense of the term. Influential traditions in the history of philosophy include Western philosophy, Western, Islamic philosophy, Arabic–Persian, Indian philosophy, Indian, and Chinese philosophy. Western philosophy originated in Ancient Greece and covers a wide area of philosophical subfields. A central topic in Arabic–Persian philosophy is the relation between reason and revelation. Indian philosophy combines the Spirituality, spiritual problem of how to reach Enlightenment in Buddhism, enlighten ...
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Lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law. Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations. Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and ...
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Han Dynasty
The Han dynasty was an Dynasties of China, imperial dynasty of China (202 BC9 AD, 25–220 AD) established by Liu Bang and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–206 BC) and a warring interregnum known as the Chu–Han Contention (206–202 BC), and it was succeeded by the Three Kingdoms period (220–280 AD). The dynasty was briefly interrupted by the Xin dynasty (9–23 AD) established by the usurping regent Wang Mang, and is thus separated into two periods—the #Western Han (202 BC – 9 AD), Western Han (202 BC9 AD) and the #Eastern Han (25–220 AD), Eastern Han (25–220 AD). Spanning over four centuries, the Han dynasty is considered a Golden ages of China, golden age in Chinese history, and had a permanent impact on Chinese identity in later periods. The majority ethnic group of modern China refer to themselves as the "Han people" or "Han Chinese". The spoken Chinese ...
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Qin Dynasty
The Qin dynasty ( ) was the first Dynasties of China, imperial dynasty of China. It is named for its progenitor state of Qin, a fief of the confederal Zhou dynasty (256 BC). Beginning in 230 BC, the Qin under King Ying Zheng engaged in a Qin's wars of unification, series of wars conquering each of the rival states that had previously pledged fealty to the Zhou. This culminated in 221 BC with the successful unification of China under Qin, which then assumed an imperial prerogativewith Ying Zheng declaring himself to be Qin Shi Huang, the first emperor of China, and bringing an end to the Warring States period (221 BC). This state of affairs lasted until 206 BC, when the dynasty collapsed in the years following Qin Shi Huang's death. The Qin dynasty's 14-year existence was the shortest of any major dynasty in Chinese history, with only two emperors. However, the succeeding Han dynasty (202 BC220 AD) largely continued the military and administ ...
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Evil
Evil, as a concept, is usually defined as profoundly immoral behavior, and it is related to acts that cause unnecessary pain and suffering to others. Evil is commonly seen as the opposite, or sometimes absence, of good. It can be an extremely broad concept, although in everyday usage it is often more narrowly used to talk about profound wickedness and against common good. It is generally seen as taking multiple possible forms, such as the form of personal moral evil commonly associated with the word, or impersonal natural evil (as in the case of natural disasters or illnesses), and in religious thought, the form of the demonic or supernatural/eternal. While some religions, world views, and philosophies focus on "good versus evil", others deny evil's existence and usefulness in describing people. Evil can denote profound immorality, but typically not without some basis in the understanding of the human condition, where strife and suffering ( cf. Hinduism) are the ...
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Warring States Period
The Warring States period in history of China, Chinese history (221 BC) comprises the final two and a half centuries of the Zhou dynasty (256 BC), which were characterized by frequent warfare, bureaucratic and military reforms, and struggles for greater hegemonic influence among the ancient Chinese states, various autonomous feudal states of the Eastern Zhou dynasty. It followed the Spring and Autumn period and concluded with the eventual unification of China by the western state of Qin (state), Qin under Qin Shi Huang, who Qin's wars of unification, conquered all other contender states by 221 BC and found the Qin dynasty, the first history of China#Imperial China, imperial dynasty in East Asian history. While scholars have identified several different dates as marking the beginning of the Warring States period, Sima Qian's choice of 475 BC, the first year of King Yuan of Zhou's reign, is the most often cited due to the paucity of preceding annals after th ...
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