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This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal system. It effectively combines classic and historical analysis to probe the historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of the Chinese legal system on the basis of the existing relevant researches. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens the readers understanding of Chinese legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. The chapters are structured chronologically, ranging from the Xia and Shang Dynasties, the Western Zhou Dynasty, the Spring and Autumn Period, the Han Dynasty, the South and North Dynasties, the Sui and Tang Dynasties, the Song Dynasty to the Ming and Qing Dynasties when Chinese legal system took on its final form. The chapters are compiled according to legislation, administrative law, criminal law and judicial system. Besides, the Chinese legal civilization after the Revolution of 1911 led by Sun Yat-sen is also addressed.
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal system. It effectively combines classic and historical analysis to probe the historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of the Chinese legal system on the basis of the existing relevant researches. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens the readers’ understanding of Chinese legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. The chapters are structured chronologically, ranging from the Xia and Shang Dynasties, the Western Zhou Dynasty, the Spring and Autumn Period, the Han Dynasty, the South and North Dynasties, the Sui and Tang Dynasties, the Song Dynasty to the Ming and Qing Dynasties when Chinese legal system took on its final form. The chapters are compiled according to legislation, administrative law, criminal law and judicial system. Besides, the Chinese legal civilization after the Revolution of 1911 led by Sun Yat-sen is also addressed.
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."
Chinese Civilization sets the standard for supplementary texts in Chinese history courses. With newly expanded material, personal documents, social records, laws, and documents that historians mistakenly ignore, the sixth edition is even more useful than its classic predecessor. A complete and thorough introduction to Chinese history and culture.
The seventeen contributors to this interdisciplinary volume bring to the study of early China the analytical concerns of archeology, art history, botany, climatology, cultural and physical anthropology, ethnography, epigraphy, linguistics, metallurgy, and political and social history. Readers interested in such topics as the origin of rice or millet agriculture, the origin of writing, the nature of the trie, and the processes of state formation will find much value here. They will find, too, major hypotheses about teh cultural importance of ecogeographical zones in China, Neolithic interaction between the east coast and Central Plains, the remarkable homogeneity of early Chinese crania, and the links between the Hsia, Shang, and Chou dynasties. Relying on recently published archaeological evidence and the insights gained from carbon-14 and thermoluminescent datings, the authors provide original and significant interpretations of the nature of Chinese civilization in its formative stage and the processes by which civilizations form. Since there is little doubt that the complex of culture traits which defines Chinese civilization in the second and fist millennia B.C. developed from a Chinese Neolithic stage, the origin of the Chinese civilization is worth studying not only in its own right but as an instance of the indigenous development of civilizations in general. This volume will appeal to all who are intersted in the genesis of civilization and the transition from the Neolithic to the Bronze Age; it summarizes that state of present knowledge about China and suggests research strategies and hypotheses for the future. Contributors:Noel BarnardK. C. ChangTe-Tzu ChangCheung Kwong-YueWayne H. FoggUrsula Martius FranklinMorton H. FriedW. W. HowellsLouisa G. Fitzgerald HuberKarl JettmarDavid N. KeightleyFang Kuei LiHui-Lin LiWilliam MeachamRichard PearsonE.G. PulleyblankRobert Orr Whyte This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1983.
Imperial China’s dynastic legal codes provide a wealth of information for historians, social scientists, and scholars of comparative law and of literary, cultural, and legal history. Until now, only the Tang (618–907 C.E.) and Qing (1644–1911 C.E.) codes have been available in English translation. The present book is the first English translation of The Great Ming Code (Da Ming lu), which reached its final form in 1397. The translation is preceded by an introductory essay that places the Code in historical context, explores its codification process, and examines its structure and contents. A glossary of Chinese terms is also provided. One of the most important law codes in Chinese history, The Great Ming Code represents a break with the past, following the alien-ruled Yuan (Mongol) dynasty, and the flourishing of culture under the Ming, the last great Han-ruled dynasty. It was also a model for the Qing code, which followed it, and is a fundamental source for understanding Chinese society and culture. The Code regulated all the perceived major aspects of social affairs, aiming at the harmony of political, economic, military, familial, ritual, international, and legal relations in the empire and cosmic relations in the universe. The all-encompassing nature of the Code makes it an encyclopedic document, providing rich materials on Ming history. Because of the pervasiveness of legal proceedings in the culture generally, the Code has relevance far beyond the specialized realm of Chinese legal studies. The basic value system and social norms that the Code imposed became so thoroughly ingrained in Chinese society that the Manchus, who conquered China and established the Qing dynasty, chose to continue the Code in force with only minor changes. The Code made a considerable impact on the legal cultures of other East Asian countries: Yi dynasty Korea, Le dynasty Vietnam, and late Tokugawa and early Meiji Japan. Examining why and how some rules in the Code were adopted and others rejected in these countries will certainly enhance our understanding of the shared culture and indigenous identities in East Asia.
"Origins of Chinese Law develops and supports an original, yet controversial, picture of early Chinese law. Casting doubt on the accepted premise that there was a unified system of law and punishment throughout the ancient Chinese empire based on the wuxing, or five punishments, the author suggests a more complicated and diverse picture: that from their earliest origins the Chinese people were subject to different laws and punishments based on their clan or social status." "Using a wealth of literary evidence from the Confucian classics and historical writings, and making use of recent archaeological excavations of oracle bones, bronze inscriptions, and bamboo strips, the author elucidates the central concepts that formed the basis of early Chinese law such as Li, covenant, punishment, and the theories and practice of law of the Qin and Han dynasties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
The evolution of China's legal tradition was one of the most striking aspects of the transformation of Chinese civilization under Mongolian domination. Paul Ch'en's exploration of the legal system of the Yuan dynasty (1271-1368) and its first substantial legal code (the Chih-yuan hsin-ko, or Chih-yiian New Code) provides a key to our understanding of the impact of the Mongols on traditional Chinese law and society. Originally published in 1979. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.