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Legal history of China : ウィキペディア英語版
Legal history of China

(詳細はlaw of the People's Republic of China can be traced back to the period of the early 1930s, during the establishment of the Chinese Soviet Republic. In 1931 the first supreme court was established. Though the contemporary legal system and laws have no direct links to traditional Chinese law, their impact and influence of historical norms still exist.
In the period between 1980 and 1987,important progress was made in replacing the ''rule of men'' with the ''rule of law''. Laws originally passed in 1979 and earlier were amended and augmented, and law institutes and university law departments that had been closed during the Cultural Revolution were opened to train lawyers and court personnel. It was only a beginning, but important steps had been taken in developing a viable legal system and making the government and the courts answerable to an objective standard.
== Imperial era ==
(詳細はsocial control is rooted in the Confucian past. The teachings of Confucius have had an enduring effect on Chinese life and have provided the basis for the social order through much of the country's history. Confucians believed in the fundamental goodness of man and advocated rule by moral persuasion in accordance with the concept of ''li'' (propriety), a set of generally accepted social values or norms of behavior. ''Li'' was enforced by society rather than by courts. Education was considered the key ingredient for maintaining order, and codes of law were intended only to supplement ''li'', not to replace it (see Hundred Schools of Thought).
Confucians held that codified law was inadequate to provide meaningful guidance for the entire panorama of human activity, but they were not against using laws to control the most unruly elements in the society. The first criminal code was promulgated sometime between 455 and 395 BCE. There were also civil statutes, mostly concerned with land transactions.
Legalism, a competing school of thought during the Warring States period (475-221 BCE), maintained that man was by nature evil and had to be controlled by strict rules of law and uniform justice. Legalist philosophy had its greatest impact during the first imperial dynasty, the Qin (221-207 BCE).
The Han dynasty (206 BCE-CE 220) retained the basic legal system established under the Qin but modified some of the harsher aspects in line with the Confucian philosophy of social control based on ethical and moral persuasion. Most legal professionals were not lawyers but generalists trained in philosophy and literature. The local, classically trained, Confucian gentry played a crucial role as arbiters and handled all but the most serious local disputes.
In the final years of the Qing dynasty (1644–1911), reform advocates in the government implemented certain aspects of the modernized Japanese legal system, itself originally based on German judicial precedents (see Hundred Days' Reform). These efforts were short-lived and largely ineffective.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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