Topic 7 - Law and Property Rights Protection Flashcards

1
Q

What is the translation of “fa”? What is it’s original meaning?

A

Law. It’s original meaning is punishment.

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2
Q

How did Stephens characterise the traditional Chinese legal system?

A

Disciplinary

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3
Q

Why is Stephens characterisation of the traditional Chinese legal system consistent with Confucianism?

A

In Confucian ideology local magistrates were referred to as “father and mother official”

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4
Q

What were the objectives of the disciplinary system of justice?

A
  • Maintain social order

- Maintain the hierarchal structure

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5
Q

Why was the traditional view that there is largely an absence of civil or commercial law?

A

The state was exclusively interested in penal codes

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6
Q

What’s the modern view in relation to civil and commercial law?

A

There were a large number of County level (the lowest level) trials but no official civil law. These trials on civil matters at local county did not evoke criminal punishments but rather provide a settlement.

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7
Q

During what period did patronage, law and property rights arise in China?

A

The reform period

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8
Q

When were customs “formalised” and implemented into law?

A

In the early 20th century

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9
Q

What was the significance of lineage and guilds in the legal system?

A

They were important in solving civil disputes

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10
Q

What were the social and economic outcomes of the legal system in traditional China?

A
  • No protection of property rights defined by laws

- Rise of lineage and guilds

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11
Q

What is the meaning of the word “tong”? What is the significance of tong?

A

Tong means “lineage estates”. The lineage held its estate to realize a regular profit, in the same way that a merchant operates a business .

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12
Q

When was China’s first company law introduced and why?

A
  1. It was introduced to promote industrial development and to attain perceived Western standards of law.
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13
Q

What did the New Company Law of 1946 entail?

A
  • Formulated by Nationalist authorities
  • Created a new legal category of “limited company” (youxian gongsi) with no more than ten limited-liability shareholder
  • Exempted “foreign” corporations from most of the tax requirements of Chinese firms, save for the costs of registration
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14
Q

What was China’s version of commercial law before official commercial law was put in place?

A

Some articles dealing with commerce in the regulations for the Ministry of Revenue (Hubu).

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