scholarly journals Legitimation, Legitimacy and Legality of Law in the Chinese Legal System

2018 ◽  
Vol 5 (2) ◽  
pp. 152-157
Author(s):  
N I Malysheva
Keyword(s):  
Communist Party ◽  
Legal System ◽  
Point Of View ◽  
Constitutional Amendment ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Legal Tradition ◽  
Legal Norms ◽  
Republic Of China ◽  
The Ancient Chinese

The article analyzes the problems of legitimation, legitimacy and legality of law in the light of the Chinese legal system. It is noted that the above theoretical and legal categories, which have been developed in the framework of various types of legal understanding, need serious clarification, taking into account the peculiarities of the Chinese political and legal reality. From the historical point of view attention is being paid to Confucianism and Legalism, which have laid the foundations of the Chinese legal tradition and are influencing China’s law system until now. The author is examining the possibility of further updating the ancient Chinese concept of the «Heaven mandate» in modern conditions. A significant place in the article is devoted to analyzing the role of the Chinese Communist Party in giving legitimacy to the legal norms established by the legislator. The author analyses the legal nature of the program documents of the Communist Party of China, emphasizes the existence of the suggestive elements of legitimization of laws being adopted in China. In conclusion the article focuses on the process of legitimization of one of the Constellations of the Constitution of the People’s Republic of China, which abolished the terms limits of the Chairman of the People’s Republic of China, and it sums up that the constitutional amendment was legal from the formal point of view.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

The Abortive Liberation of Taiwan

1987 ◽  
Vol 110 ◽  
pp. 256-275
Author(s):  
Jon W. Huebner
Keyword(s):  
United States ◽  
Civil War ◽  
Communist Party ◽  
Chinese Communist Party ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Final Phase ◽  
Republic Of China ◽  
The Chinese Communist Party

On 1 October 1949 the People's Republic of China was formally established in Beijing. On 7 December Chiang Kai-shek (Jiang Jieshi), who had earlier moved to Taiwan to secure a final base of resistance in the civil war, ordered the Kuomintang (KMT) regime to withdraw to the island from Chengdu, Sichuan, its last seat on the mainland. The Chinese Communist Party (CCP) declared its commitment to the goal of unifying the nation under the People's Republic, and thus called for the “liberation” of Taiwan. Although Taiwan represented the final phase of the still unfinished civil war, it was the strategic significance of the island that became of paramount concern to the CCP, the KMT and the United States.

Reconstructing China: Japanese technicians and industrialization in the early years of the People's Republic of China

2015 ◽  
Vol 50 (1) ◽  
pp. 141-174 ◽  
Author(s):  
AMY KING
Keyword(s):  
Communist Party ◽  
Chinese Communist Party ◽  
New Technology ◽  
Early Years ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Continuity And Change ◽  
The Chinese Communist Party ◽  
Foreign Ministry

AbstractThe Chinese Communist Party was confronted with the pressing challenge of ‘reconstructing’ China's industrial economy when it came to power in 1949. Drawing on recently declassified Chinese Foreign Ministry archives, this article argues that the Party met this challenge by drawing on the expertise of Japanese technicians left behind in Northeast China at the end of the Second World War. Between 1949 and 1953, when they were eventually repatriated, thousands of Japanese technicians were used by the Chinese Communist Party to develop new technology and industrial techniques, train less skilled Chinese workers, and rebuild factories, mines, railways, and other industrial sites in the Northeast. These first four years of the People's Republic of China represent an important moment of both continuity and change in China's history. Like the Chinese Nationalist government before them, the Chinese Communist Party continued to draw on the technological and industrial legacy of the Japanese empire in Asia to rebuild China's war-torn economy. But this four-year period was also a moment of profound change. As the Cold War erupted in Asia, the Chinese Communist Party began a long-term reconceptualization of how national power was intimately connected to technology and industrial capability, and viewed Japanese technicians as a vital element in the transformation of China into a modern and powerful nation.

I. An Imperfect Improvement: The New Conflict of Laws Act of the People's Republic of China

2011 ◽  
Vol 60 (4) ◽  
pp. 1065-1093 ◽  
Author(s):  
Zhengxin Huo
Keyword(s):  
Legal System ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Standing Committee ◽  
Conflict Of Laws ◽  
Legislative History ◽  
Republic Of China ◽  
Chinese Characteristics ◽  
People's Congress ◽  
Conflict Of Law

On 28 October 2010, the Standing Committee of the Eleventh National People's Congress adopted China's first statute on the Conflict of Laws: the ‘Act on the Application of Laws over Foreign-related Civil Relationships’ (‘Conflicts Act’).1 The adoption was an historic event in Chinese legislative history, as it indicates China has modernised its conflict-of-law rules after many years of unremitting efforts made by legislators and scholars. More importantly, it means that ‘a socialist legal system with Chinese characteristics’ has been successfully established, and allows China to claim to have a systematic legal system.2

The Experience of the Russian Federation and the People's Republic of China

2021 ◽  
pp. 63-70
Author(s):  
A. K. Rozhkova ◽  
A. B. Chernykh
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Advantages And Disadvantages ◽  
State Security ◽  
The Russian Federation

The article reveals the problem of the correlation of national security, state and security, analyzes the National security Strategies of the Russian Federation in 2015 and 2021. Attention is focused on the absence of a separate strategic planning document on ensuring state security in the Russian Federation, as well as a legal definition of the term «state security». The authors have studied the experience of legal regulation of relations related to ensuring state security in the People's Republic of China: the Law «On State Security» is analyzed from the point of view of its structure and content, the main advantages and disadvantages of this normative act are highlighted. This regulatory legal act traces the consistency and clarity of the wording, indicates the obligation of citizens of the People's Republic of China to ensure state security.

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