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Legal System

Traditional Chinese Legal Tradition

Also Known As Chinese law
Customary Law Systems

Chinese law is one of the oldest legal traditions in the world, emerging from the intellectual ferment of the Warring States period, when two rival schools, Confucianism and Legalism, competed to define the proper role of law in governance. Confucianism held that law should be a subsidiary tool used mainly against wrongdoers immune to moral instruction, while Legalism advocated codified law and harsh punishment to achieve social order. These strands were fused in the Tang Code of 624 CE and carried forward into the later Great Qing Legal Code. Older Western scholarship, following Max Weber, dismissed the tradition's sophistication, a view modern scholarship has extensively criticized.

Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China its legal system was based on the Confucian philosophy of social control through moral education, together with the Legalist emphasis on codified law and criminal sanction. Following the Xinhai Revolution the Republic of China adopted a largely Western-style legal code in the civil law tradition, and the establishment of the People's Republic of China in 1949 brought a more Soviet-influenced system of socialist law, though earlier traditions from Chinese history have retained their influence. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Origin Year
624 1
624 CE marks the Tang Code, the clearest codification landmark of the mature imperial tradition; the tradition's philosophical roots in the Confucian-Legalist debate reach back centuries earlier into the Warring States period, and no single founding year exists for the tradition as a whole.
Example Jurisdictions
Imperial China, Tang through Qing dynasties 1
Primary Source of Law
Comprehensive imperial dynastic codes blending Confucian moral hierarchy with Legalist codified punishment 1
Classification
Legal Family
Mixed Legal System 1
Connections

Associated With

The modern Civil Code of the People's Republic of China follows the Germanic civil-law family rather than the traditional imperial Chinese legal tradition, marking a break from, not a continuation of, this system.

Source Civil Code of the People's Republic of China (Wikipedia)

In Legal Family

In Legal System

Legal-system family: Customary Law Systems, following the CIA World Factbook and JuriGlobe comparative-law family classification.

Includes

Source Five Punishments (Wikipedia)
Great Ming Code, Codes
Source Great Ming Code (Wikipedia)
Source Great Qing Legal Code (Wikipedia)
Han Feizi, Jurists
Source Encyclopaedia Britannica
Li Si, Jurists
Source Li Si (Wikipedia)
Shang Yang, Jurists
Source Encyclopaedia Britannica
Tang Code, Codes
Source Wikipedia: Tang Code

Legal Family Of

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Also in Geography Atlas: where this subject is found.

Source Chinese Law (Wikipedia)tier 2
Sources
1. Chinese Law (Wikipedia)
Wikipedia
  • article body
    the codification of law was largely completed by the Tang Code of CE 624, throughout the centuries the Confucian foundations of the Tang Code were retained.
  • based on Germanic-style civil law, socialist law, and traditional Chinese approaches
  • Duplicate-merge alias: Chinese law (w-law-legalsysdedupe-0928)
    Chinese law
View the Source
Civil Code of the People's Republic of China (Wikipedia)
WikipediaAssociated With: Civil Code of the People's Republic of China (2021), Foreign Influence section
Quote, Associated With: Civil Code of the People's Republic of China (2021), Foreign Influence section
the legal system of the People's Republic of China is based on the older European legal system of Germanic civil law.
View the Source
Encyclopaedia Britannica
Encyclopaedia Britannica, Inc.
  • Includes: Shang Yang
  • Includes: Han Feizi
View the Source
Great Qing Legal Code (Wikipedia)
Includes: Great Qing Legal Code, intro text
Quote, Includes: Great Qing Legal Code, intro text
was the legal code of the Qing empire (1644-1912)
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Great Ming Code (Wikipedia)
Includes: Great Ming Code, intro text
Quote, Includes: Great Ming Code, intro text
was the legal code of the Ming dynasty, focused primarily on criminal law
View the Source
Five Punishments (Wikipedia)
Includes: Five Punishments, intro text
Quote, Includes: Five Punishments, intro text
meted out by the legal system of pre-modern dynastic China
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Li Si (Wikipedia)
WikipediaIncludes: Li Si, Lead
Quote, Includes: Li Si, Lead
Li Si ([lì sɹ̩́]; c. 280-208 BC) was a Chinese calligrapher, philosopher, and official of the Qin dynasty.
View the Source
Wikipedia: Tang Code
Includes: Tang Code, Lead
Quote, Includes: Tang Code, Lead
Considered one of the greatest achievements of traditional Chinese law, the Tang Code is also the earliest Chinese code to have been transmitted to the present in its complete form.
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Traditional Chinese law (Wikipedia)
In Group: Customary Law of Africa, Asia and the Middle East, Introduction, sentence 1
Quote, In Group: Customary Law of Africa, Asia and the Middle East, Introduction, sentence 1
Traditional Chinese law refers to the legal system including laws, regulations, and rules used in Sinosphere.
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