Yesterday evening, I attended a presentation ShARE which the subject is entitled: “The Chinese Legal System: Towards the Rule of the Law?”. Understand “Chinese legislative system: towards a rule of law?”.
A small conference that allowed me to learn a little more about the evolution of the legal system in China and its other organs of power.
It’s a Wednesday and it is two for me an invaluable source of information and put into perspective what China is today: meetings, presentations ShARE-Shanghai. ShARE is an association law 1901, and yes to Shanghai!, As created by the first student following the same program that I am currently a French so you can learn more about the organization by visiting its website.
ShARE-Shanghai is a series of PowerPoint presentations given in English by students, graduates or professionals on topics of interest but especially in relation to China.
The majority of the audience for these presentations to informal setting consists of expatriates, allowing to draw a number of comparisons, ask questions and try to answer to understand this often bewildering China and how which it operates today.
Wide range of topics are addressed, such as architecture, banking system, but also the Chinese Internet presented by Marieke 2 weeks ago (view the PowerPoint presentation, and online translation).
Yesterday in this case, is Cécile Cavoizy, ShARE coordinator and former student in political science who spoke to us of the Chinese legal system. Interesting topic is whether, given the particular economic upheaval that China began from its accession to the WTO (World Trade Organization), which are not without impact on the country’s legal system. I transcribed and my few notes, assistant information gleaned from the net to clarify certain aspects.
Traditional repository changes over the last century
Confucianism and Legalism
The Chinese way of thinking inherited thousands of years of Confucian who believed that the law should be based on principles and ethics. Confucius believed in that man is naturally good, and that the rest provided they be educated in this regard. Thus, on the question of law:
“If we led the people through laws and realizes that the uniform rule with punishment, the people will seek to avoid punishment but it will not feel shame (chi 耻). If you lead the people through virtue and you realize the uniform rule with the rites (li 礼), people acquire a sense of shame and also become better. ”
Lunyu [Analects], 2, 3.