From imperial to modern china (lecture3)

Question 1

What is the model of economy of the Qing dynasty

Answer 1

• Heavy focused on agriculture(main revenue= land tax)
• Agrarian Paternalism
• Worried about piracy in south China= internal security problems
• Foreign trade heaviliy regulated= security merchants

Question 2

Britain chinese war: what are the 2 treaties and result of them

Answer 2

1839-1842: prohibition of opium trade= Nanjing treaty British won Hong Kong, 5 ports and 21 millions dollards
1856-1860: Tanjin Treaty, British won more ports, greater freedom of travel, legalization and tax of opium and full juridiction of British citizens from British consuls

Question 3

Late Qin China’s rebellions and reforms

Answer 3

1. Taiping Rebellion (1850-1864) : internals problem, famine and humiliation of the opium war
2. Revitalization of buraucracy by Empress Dowagers Tzu Hsi
3. Hundred days of reform 1894-1895 (under Guangxu Emperor) created by the sino- Japonese war
4. Boxer rebellion 1899-1901

Question 4

Difference between Confucianism and Legalism

Answer 4

Confucialism: moral philisophy= induce and persuade, li= “code of property”
Positive view of human nature
Legalism: Rule by law, fa=”imposed standards
Selfish human nature

Question 5

What are the influences of the 2 political partys

Answer 5

Guomintang: western oriented eg japon and germany= Nationalist
The six codes= paper law (1911)

Communists: soviet influence
Socialist law= (1949)

Question 6

When is Maoism and what is it

Answer 6

Between 1957 and 1970, and it’s the chinese variant of communism

Question 7

What are Renzhi, Rule by law and Fazhi

Answer 7

Renzhi is unlimited dicression of the governement= less control of government by law

Rule by law is formal rules but not binding authorities

Fazhi is formal written rules, almost no discretion of authority

Question 8

What was the legal significance of the May Fourth Movement?

Answer 8

• 1919
• The starting point of the Chinese radical intellectual establishment which leaded to creation of communist party later on.
• against colonialism and internalization of china= want restoration of Chinese independence and Sovreignty

Question 9

Of what legal significance was the long conflict between the Guomindang and the Communists, culminating in the late 1940s?

Answer 9

• They fought for power

- 1949= Communist party forcefully removed guomindang gov and 6 codes law

Question 10

Why might we say that the legal reforms beginning around 1979 represent a great ‘paroxysm’ of effort?

Answer 10

A lot of laws implemented at a rapid speed

• new court system
• increase supply of lawers,
• Increase transparancy of court= professionalism of juges and strengthen the authority

Question 11

To what extent can the disruptive events of the past 100-120 years be compared with or equated to other phases of instability in the history of China?

Answer 11

• Discontinuity of chinese legal tradition with exposure to modern world
• abandon of chinese dynastics law after Qin dynasty

Question 12

To what extent has China’s old resistance to outside influences endured?

Answer 12

• Whith exposure to western world = impossible to resit cultural, political or legal influence
• BUT still authoritarian traditions and lack of democracy
• Adopted certains things like tax system or industrial property law