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E-book
Author Zhang, Jinfan.

Title The history of Chinese legal civilization : modern and contemporary China (from 1840- ) / Jinfan Zhang
Published Singapore : Springer, 2020

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Description 1 online resource (905 pages)
Contents Intro -- Contents -- Part I The History of Chinese Legal Civilization: Modern China (From 1840 to 1949) -- 1 Introduction -- 2 The Rise of the Ideological Trend of Reforming the Political System and the Law Before and After the Opium War -- 2.1 China Before the Opium War -- 2.2 The Emergence of the Reformers of the Landlord Class Advocating Carrying Out Political and Legal Reform -- 2.3 The Main Contents of the Ideological Trend of Political Change and Legal Reform -- 2.3.1 Demonstrating the Historical Inevitability of Political Change and Legal Reform
2.3.2 Advocating "Opening the Eyes to the Outside World" and Dealing with the Relationship Between China and Foreign Countries by Employing Modern International Law -- 2.3.3 Criticizing the Corrupt Official Management and Advocating Judicial Reform -- 2.3.4 Carrying on the Orthodox Ideology of "De Zhu Xing Fu" (Employing Moral Teaching as the Primary Means, Punishment as the Supplement)
2.3.5 Exploring the Origins of the Civilization of the Legal System and Stressing the Importance of Agriculture on the Basis of the Principle of Conflicts Caused by the "Inequality" Between the Rich and the Poor -- 2.4 The Proposal of "Shi Yi Zhi Yi" (Learning the Advanced Technology from 'Barbarians' in Order to Subdue Them) and the Initial Implementation Scheme -- 3 The Introduction of the Western Legal Culture and the Renovation of the Original Legal Concept (1840-1870s) -- 3.1 The Introduction of the Western Legal Culture -- 3.1.1 The Media of the Introduction of the Western Legal Culture
3.1.2 The Major Channels of the Introduction of the Western Legal Culture -- 3.2 The Collision of the Chinese and Western Legal Culture and the Great Development of the Legal Concept -- 3.2.1 The Collision of the Chinese and Western Legal Culture -- 3.2.2 "Shi Yi Bian Fa" (Conducting Legal Reform by Learning from Foreign Countries): The Orientation of the Chinese Legal Culture -- 4 The Legal System Proposed by the Westernization Group Featured by "Zhong Ti Xi Yong" -- 4.1 The Rise of "Yang Wu Yun Dong" (The Westernization Movement) and Its Representative Figures
4.2 The Theoretical Foundation of "Yang Wu Pai" (The Westernization Group) -- 4.3 The Legal Thoughts of "Yang Wu Pai" (The Westernization Group) -- 4.3.1 "Shao Bian Cheng Fa" (Making Laws by Slightly Changing the Western Laws) and "Yin Jin Xi Fa" (Introducing the Western Laws) -- 4.3.2 Opening up Ways for Cultivating Legal Talents for Westernization -- 4.3.3 The Establishment of the Diplomatic Institutions of Foreign Affairs and the Encouragement of the Study of Public Law -- 4.3.4 Adjusting the New Industries and Enterprises with Modern Economic Law
Summary 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 systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the Peoples Republic of China
Notes 4.3.5 Restoring the Old Order by Advocating "Li" (Rites) and Emphasizing "Xing" (Punishment)
Print version record
Subject Law -- China -- History -- 19th century
Law -- China -- History -- 20th century
Law -- China -- History -- 21st century
International law.
History.
Jurisprudence & philosophy of law.
Law -- International.
History -- General.
Law -- Reference.
Law
China
Genre/Form History
Form Electronic book
ISBN 9789811010323
9811010323
Other Titles Modern and contemporary China (from 1840- )