Topic 7 - Law and Property Rights Protection Flashcards
What is the translation of “fa”? What is it’s original meaning?
Law. It’s original meaning is punishment.
How did Stephens characterise the traditional Chinese legal system?
Disciplinary
Why is Stephens characterisation of the traditional Chinese legal system consistent with Confucianism?
In Confucian ideology local magistrates were referred to as “father and mother official”
What were the objectives of the disciplinary system of justice?
- Maintain social order
- Maintain the hierarchal structure
Why was the traditional view that there is largely an absence of civil or commercial law?
The state was exclusively interested in penal codes
What’s the modern view in relation to civil and commercial law?
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.
During what period did patronage, law and property rights arise in China?
The reform period
When were customs “formalised” and implemented into law?
In the early 20th century
What was the significance of lineage and guilds in the legal system?
They were important in solving civil disputes
What were the social and economic outcomes of the legal system in traditional China?
- No protection of property rights defined by laws
- Rise of lineage and guilds
What is the meaning of the word “tong”? What is the significance of tong?
Tong means “lineage estates”. The lineage held its estate to realize a regular profit, in the same way that a merchant operates a business .
When was China’s first company law introduced and why?
- It was introduced to promote industrial development and to attain perceived Western standards of law.
What did the New Company Law of 1946 entail?
- 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
What was China’s version of commercial law before official commercial law was put in place?
Some articles dealing with commerce in the regulations for the Ministry of Revenue (Hubu).