Legal history of China

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History of china
History of china
OLD STORY
Neolithic 8500-2070 BC Chr.
Xia Dynasty 2070 - 1600 BC Chr.
Shang dynasty 1600-1046 BC Chr.
Zhou Dynasty 1046-256 BC Chr.
Western Zhou Dynasty
Eastern Zhou Dynasty
spring and autumn
Warring States
IMPERIAL CHINA
Qin Dynasty 221-207 BC Chr.
Han Dynasty 202 BC Chr. - 220 AD
Western Han Dynasty
Xin Dynasty
Eastern Han Dynasty
Three kingdoms 220–280
Wei - Shu - Wu dynasty
Jin Dynasty 266-420
Western Jin
Eastern Jin Sixteen realms
Northern and Southern Dynasties
420–589
Sui Dynasty 581-618
Tang Dynasty 618-907
Five Dynasties and Ten Kingdoms 907-960
Song dynasty 960-1279
Northern Song 960–1127   Western Xia Dynasty
Southern Song 1127–1279 Jin Dynasty 1115-1234
Yuan Dynasty 1271-1368
Ming Dynasty 1368-1644
Qing Dynasty 1636–1912
MODERN CHINA
Republic of China on the mainland 1912–1949, from 1945 with Taiwan
People's Republic of China from 1949
Republic of China to Taiwan from 1945

China has an important legal culture that is over 3000 years old, which has spawned numerous state philosophies , legal theories and practices. Basically, the legal history of China can be divided into several main phases, namely the time of the rule up to 221 BC. BC, the Qin dynasty (221-207 BC), the subsequent dynasties up to the late 19th century, the reform era of the Qing dynasty between 1998 and 1911, the Republic of China , the early People's Republic of China and the People's Republic of China after 1978. The Chinese legal history also includes the colonial and occupation law of foreign powers on Chinese territory.

Overview of traditional Chinese legal culture

Traditional Chinese legal culture is a broad, interdisciplinary research area of ​​legal scholars, historians, anthropologists, sociologists, and sinologists. Even if there is no consensus on the specifics of this legal culture, the following features are mentioned:

  • The function of laws is often fulfilled through rites (礼 li).
  • In judging a dispute, the law is less important than the feelings associated with it (人情Renqing ).
  • The main focus of the law is on criminal law. In the tradition of Confucianism, the duties of the individual towards the community are emphasized on the basis of the cosmic order. In contrast, civil law is underdeveloped.
  • There is no separation between substantive and procedural law.
  • There is no separate legal status. Courts are incorporated into the state administration.
  • The task of the state administration is not to grant legal protection, but to avoid disputes.

The crystallization point of these characteristics is the doctrine of Confucianism , which goes back to Confucius ; Accordingly, the law is a form of social order inferior to the principle of order of Li . Shortly after Confucius' death, his teachings threatened to be forgotten during the Warring States Period : Legalism became the dominant philosophical view. The Qin Dynasty passed in 221 BC. BC emerged as the victor of the Warring States period and finally realized legalism in its purest form. As early as 206 BC However, the Han dynasty took its place : Confucianism developed under it to the predominant philosophy and remained so for almost 2000 years.

Although the law was an organizational possibility subordinate to the Li, some law books were created during this time, which are mostly only preserved in fragments. Complete law books of the Tang Dynasty have been preserved for the first time from the 7th century AD : They contain almost only criminal and administrative law. Civil disputes were settled through mediation by the head of the family or another person of high age or reputation. Going to an imperial official remained the last resort , but this was considered socially reprehensible.

A profound change did not take place until the middle of the 19th century: As a result of the unequal treaties , the major European powers divided China into spheres of interest; the following political upheavals finally forced the Chinese government to reform and ultimately led to the end of the monarchy and the establishment of the Republic of China in 1912. In the 1920s and 1930s, the Kuomintang experienced a temporary calming down, followed by the example of Japan Attempted codification in civil law; As in Japan, the model was German and Swiss law.

Zhou Dynasty

The lawyer and sinologist Oskar Weggel sees the "cradle of Chinese law in the Zhou period, namely the period of the so-called" Warring States "," as Chancellor Li Kuei ( Li Kui ) the body of law Fajing法經in six sections wrote. It included criminal offenses, the criminal procedure and legal definitions.

This epoch also saw a school dispute between Confucians and legalists , which can be illustrated by the following case study: In Lu State , a soldier deserted three times because he wanted to devote himself to his single old father. When Confucius found out about this, he was so impressed with the soldier's filial piety that he even recommended his promotion to civil servant. Han Fei, on the other hand, argued that such a soldier should be punished for desertion. "Of what use would humanity, righteousness and patience be if one opened the door to the enemy through indiscipline in one's own ranks?" The philosopher Kongzi ( Confucius ) lived in Lu State during the time of the Eastern Zhou Dynasty . He put humanism (ren 仁), justice (yi 義), virtue (德) and morality (li 禮) in the foreground. He refused to lead the people through administration and punishment. Instead he propagated the role model character of the ruler through moral action. The first ideas of human rights also emerged in Confucianism.

In contrast, legalism stood for strict rule and an extensive catalog of prohibitions and punishments. At the same time, legalism warned against despotism, which wielded arbitrary cruelty.

Qin Dynasty

The short-lived Qin dynasty represented a centralist rule that shattered the previous feudal structure and exercised terror. As a deterrent, Emperor Qin Shihuangdi had 460 Confucians buried alive. The legalism became the central legal opinion.

Han dynasty

The successor rule of the Han promoted the previously persecuted Confucianism, but endeavored to merge it with legalism. One result of this endeavor was an important codification of Han law. Typical of this are criminal offenses for disregarding Confucian core values, such as disregard for filial piety. Other important legal areas concerned the tax and monopoly system. The Han Code consisted of 4,90 articles and 7,700,000 words.

Tang Dynasty

Considered the first heyday of Chinese culture, the Tang Dynasty created a code of 12 chapters and 500 articles covering state administration, the family, the military, crimes, law enforcement, and criminal proceedings. Compared to the Han Code, the Tang Code was narrower with 620 articles and 136,000 words.

Song Dynasty

Just three years after the establishment of the Song dynasty, a codification based on neo-Confucianism was published with 15 main categories, namely office regulations, civil servant personnel policy, correspondence, monopolies, finances, storage systems, tax and service obligations, agriculture, religion, civil servants, Criminal law, mourning order, wild peoples, animal husbandry and others. New areas of law were the law of obligations, religious law and military law.

Statue of Bao Zheng

A famous judge of the Song Dynasty was Bao Zheng, famous for his justice .

Yuan Dynasty

The Mongol rule introduced new areas of law, such as the treatment of houses and land, taxes and tariffs or financial debts, but their rule was largely a step backwards for legal development. For example, the yuan abolished the Supreme Court, the tradition of law schools, and the civil servant exam. There was also the legal classification of society according to ethnicity (1. oldest Mongol tribes, Tartars, 2. West Asian auxiliary peoples, 3. North Chinese, 4. South Chinese, who were particularly affected by disadvantage).

Ming Dynasty

In 1374, the Ming rule issued a codification, which was revised in 1397. Instead of the old twelve scheme, she used a precisely structured division of six:

I.1. General terms and principles (Articles 1 - 47) II. Authority law: 2. Authorities (Articles 48 - 62), 3. Official documents (Articles 63 - 80), III. Civil law: 4. Population census and public labor service (Art. 81 - 95), 5. Land and houses (Art. 96 - 106), 6. Marriage (Art. 107 - 124), 7. Granary and finances (Art. 125 - 148), 8. Taxes and duties (Art. 149-167), 9. Debts (Art. 168-170), 10. Markets IV. Rite law: 11. State sacrifices (Art. 176-181), 12. Ceremonies ( Art. 182 - 201) V. Military law. 13. Palace Guards (Art. 202 - 220), 14. Army Regulations (Art. 221 - 240), 15. Border Troops (Art. 241 - 247), 16. Provisions on Stables (Art. 248 - 258), 17. Postal Service ( Art. 259 - 276) VI. Criminal law: 18. Acts of violence and theft (Articles 277 - 304), 19. Homicide (Articles 305 - 324), 20. Coercion and threats (Articles 325 - 346), 21. Insults (Articles 347 - 354), 22. Criminal proceedings (Art. 355 - 366), 23. Bribery (Art. 367 - 377), 24. Counterfeiting and fraud (Art. 378 - 389), 25. Sexual offenses (390 - 399), 26. Miscellaneous (Art. 400 - 410), 27. Arrest of fugitives (Art. 411 - 418), 28. Interrogation (Art. 419 - 447) VII. Public works law: 29. Public buildings (Art. 448 - 456), 30. River irrigation systems (Art. 457-460).

Qing Dynasty

The foreign rule of the Manchurians in the form of the Qing dynasty avoided the failure of the Mongolian yuan to impose strange institutions on the Chinese. Her Qing codification, which was adopted two years after she came to power, was based on Ming law. In addition, there was a wide range of commentaries and collections of supreme court decisions. A novelty in the early 19th century was a restrictive immigration law. For the power of the Qing, however, there were also unlawful areas in which secret societies, such as the White Lotus sect or the Taiping sect, controlled large areas and operated according to their own law.

Hundred-day reform

After the advance of foreign powers as a result of the two Opium Wars, China was a poor, humiliated and weak state in the second half of the 19th century. The reasons for this were the rigid administration, internal conflicts and the aggression of foreign powers. The petitions of reform monarchists to the young Emperor Guangxu therefore fell on fertile ground and were implemented. The legal changes included a plan to replace the absolute monarchy with a constitutional system. The conservative court camarilla, however, disempowered the emperor and reversed the reforms.

Last legal reforms of the Qing Dynasty

Between 1905 and 1911, the Qing Court tried in vain to implement the legal reforms that had not been implemented and planned a constitutional monarchy, free elections and the establishment of parliaments, which were established at least at the local level and in the provinces. With the Republican Revolution of 1911, most of these projects became obsolete.

The law in colonial areas of China

The weakness of China caused by the Opium Wars forced the imperial government to conclude “ unequal treaties ” with the foreign powers, which brought large areas under foreign jurisdiction. This is an example of Hong Kong , which was under British colonial administration from 1841 to 1997.

Republic of China

The Republic of China was marked in 1949 by unrest, disruption and WW2. Nevertheless, after the central power was strengthened in 1928, its state organs brought about a boom in legal reforms. These included individual laws, such as a government order for the protection of human rights in 1929 and the Habeas Corpus Act, but also codifications on civil, administrative and criminal law and the rules of procedure. The decisive factor here was the reception of continental European law, u. a. of the German Civil Code, including the method of the abstraction principle. Constitutional milestones were the provisional constitution of the Republic of China for the guidance phase (Xunzheng Shiqi 訓 政 時期), i.e. H. the implementation of the Three Principles of the People of 1936 and the Constitution of 1946, according to which five powers should share power as constitutional organs, as well as a nationwide right to vote for women (Art. 7, 17), a quorum of women in parliaments and permanent seats for minority ethnic groups ( Art. 26), as well as the legal guarantees of election, deselection, legislative initiative and referendum (Art. 17) were guaranteed. After the elections of 1947, all constitutional organs could be constituted in 1948. As the civil war between the Republic of China and the Communist Party of China was already raging, the newly constituted National Assembly authorized the executive bodies to be elected by it with special powers, restricting certain constitutional rights. Among other things, national elections were suspended for the time of the “communist rebellion”. Between 1945 and 1948, 2,096 courts across the country implemented the law in civil and criminal proceedings, including 1,187 local courts, 753 district courts, 119 higher and 37 supreme courts. In what was then the capital, Nanjing, there was also the Supreme Court as the final level of ordinary jurisdiction. In addition, the administrative court operated below the court of justice. The Court of Justice itself dealt with 1,295 judicial review procedures and similar government issues. The civil war led to the victory of the Communist Party of China and the proclamation of the People's Republic of China on the Chinese mainland in 1949, so that all constitutional organs were relocated to Taiwan, which had only belonged to China since 1945 after 50 years of Japanese colonial times.

The Law of the Chinese Soviet Republics

After the Communist Party of China had created its own armed forces with the help of the Soviet Union, it took thirteen areas by force of arms, in which it established Chinese Soviet republics between 1931 and 1937 and created its own legal system based on the model of its supporter state. These included the "main lines of the Constitution of the Chinese Soviet Republic", land law, labor law, provisional suffrage, a catalog of measures to punish counter-revolutionaries and an organization law.

Law in the Japanese-Occupied Territories of China

Since the Chinese province of Taiwan was ceded to Japan in the Sino-Japanese War in 1895 , Japanese colonial law has prevailed there. In the areas of mainland China that were occupied by Japan from 1931 onwards, Japan set up puppet regimes that adopted the ideology of fascism. This applies to Manchukuo or under Wang Jingwei standing Reorganized National Government of China .

The Right of the Republic of China to Taiwan

The situation in Taiwan, which was determined by post-colonial difficulties, the post-war period, an uprising in 1947 and the threat from the People's Republic of China , initially made it impossible to abolish the special constitutional laws of 1948. This only became possible from 1986. Since then, new parties have formed that are in competition with one another. In addition to the traditional Kuomintang party , which was ruling party between 1928 and 2000, the Democratic Progressive Party was able to take over government power from 2000 to 2008 and from 2016. The Democratic Progressive Party introduced same-sex marriage in 2019.

People's Republic of China

In 1949, after the founding of the People's Republic of China , all laws of the Republic of China were suspended by the General Program of the Political Consultative Conference of the Chinese People (中国 人民 政治协商会议 共同 纲领). This was followed by a phase of five years in which the legal basis for the new state was created. The phase of 1957 was marked by legislative inactivity: between 1957 and 1978 not a single law was passed, and between 1965 and 1978 the People's Congress did not meet a single time. Lawlessness was overcome in civil law through arbitration. Legal training was completely discontinued during the Cultural Revolution.

A turning point in the recent history of China was the opening to the outside world and the modernization of China under Deng Xiaoping, which was advanced at high speed . For this purpose, the entire civil, criminal and administrative law had to be pounded out of the ground within a very short time. The laws of the early 1980s (mostly referred to as “provisional”) are therefore often of inferior quality. The formulations are imprecise, which leads to imperfect settlement of issues. The lack of precision was partly due to political reasons, but was partly also desired: 宜 粗 不宜 细 - “A rough law is better than a detailed one.” It was hoped that this would enable laws to be better adapted to changing circumstances. Laws therefore often go hand in hand with an executive regulation and interpretation by the Supreme People's Court .

The influence of foreign legal systems in the emergence of the new Chinese legal system is overwhelming. A very large number of standard textbooks from foreign - also less well known - legal systems are available in Chinese translation. Dealing with foreign law almost outweighs the study of one's own law: “Without exaggeration, it can be said that almost every Chinese legal scholar conducts comparative law research.” The most important role so far has been played by German law - this ties in with the first wave of German reception Right between 1912 and 1949, legal systems influenced by German law such as Soviet and Japanese law. The German side supports this through regular GTZ symposia . One obstacle to the reception process, however, is the German language , which is rarely taught in China compared to English. In recent times, therefore, the influence of Anglo-Saxon law has increased , especially in capital market, loan security, corporate and bankruptcy law.

After the Cultural Revolution , there was a radical break with the country's legal culture. As a result, there was a great gap between law and legal reality. Corresponding counter-movements later emerged in jurisprudence, which instead of adopting foreign legal cultures propagated a return to the roots of one's own legal culture (according to Suli Zhu ). Field studies were carried out to research this legal culture . Overall, however, the process of reception of foreign law proved to be irreversible.

For this reason, Chinese legislation, particularly on property law, is considered productive.

The Chinese Communist Party's claim to power and its practice of democratic centralism are evident in the great codifications of the People's Republic of China .

Constitutional law

In the first place, the constitutions of 1954, 1975, 1978 and 1982 (with the amendments of 1988, 1993, 1999, 2004, 2007, 2012 and 2017), which the CP and its leadership (“led by the Communist Party China ”) at the center of state trade. In addition to the principle of leadership of the party, there are three other principles of the constitution, namely those of ideological orientation ( Marxism-Leninism , Mao Zedong ideas , Deng Xiaoping's theories , Jiang Zemin's idea of ​​"three representations", Hu Jintao's scientific concept of development and thought by Xi Jinping ), the people's democratic dictatorship and adherence to socialism.

Criminal law

The system finds its concrete expression of that “democratic dictatorship of the people” in criminal law. Formally similar to other penal codes, it contains threats of punishment for acts directed against objects of protection such as the democratic dictatorship of the people (Article 2), the socialist system (Article 105) or the socialist market economy (Article 140). The penalties are staggered and extend up to the death penalty (Article 48). China's first substantive and procedural penal code after 1949 was enacted in 1979. The 1979 Code followed the publication of a new constitution in 1978 and the fall of the "Gang of Four" in 1976. The current penal code, the criminal law of the People's Republic of China, is the result of extensive revisions, most recently on August 29, 2015 (9 Modification). There are new crimes related to cybercrime or terrorism. However, the death penalty for certain smuggling, fraud and counterfeiting offenses has been abolished. The harshness of the criminal law, particularly the death penalty for many crimes, and the political dependence of the judiciary in China have been criticized frequently. China has the largest number of criminals executed each year in the world, a fact that has caused great concern among various human rights groups and international organizations in the past.

Administrative law

The Administrative Procedure Act of the People's Republic of China of 1989 binds the authorities to legal standards. In addition, it allows legal action to be taken against administrative acts. The types of administrative acts that can be challenged must be "concrete measures", which include: administrative penalties (such as imprisonment and fines), administrative coercive measures, interference with the business of companies, refusal to take action or fulfill an obligation etc. The state measures are checked before the local people's court, which can have an administrative chamber. There is no independent administrative jurisdiction.

Chinese lawyers

  • Hu Hanmin (胡漢民), top politician from 1912 to 1949.
  • Wang Jingwei (汪精衛), top politician from 1912 to 1949.
  • Ju Zheng (居正), top politician from 1912 to 1949.
  • Gu Weijun ( Wellington Koo顧維鈞), representative of the Republic of China in 1919 at the Paris Peace Conference, President, co-author of the UN Charter, after a career in diplomacy spanning decades, judge at the International Court of Justice in The Hague in 1956.
  • Xu Mo (徐 謨), judge at the International Court of Justice.
  • Mei Ru´ao (梅 汝 璈), 1946 - 1948 judge at the International Military Tribunal in the Far East.
  • Zheng Yuxiu (鄭毓秀), lawyer, judge and politician, Republic of China.
  • Shen Junru (沈 钧 儒), lawyer and politician in the People's Republic of China.
  • Shi Liang (史良), judge and politician in the People's Republic of China.
  • Gao Zhisheng (高 智 晟), lawyer and human rights activist in the People's Republic of China
  • Teng Biao (滕 彪), lawyer and human rights activist in the People's Republic of China

See also

literature

  • Bu, Yuanshi: Introduction to the Law of China . CH Beck, Munich, 2017, ISBN 978-3-406-69538-4 .
  • Cameron, Meribeth E .: The Reform Movement in China, 1898–1912 . Stanford University Press, Stanford, 1931, reprinted AMS Press, New York, 1974, ISBN 978-0-404-50959-0 .
  • Eberl-Borges, Christina: Introduction to Chinese Law . Nomos, Baden-Baden, 2017, ISBN 978-3-8487-2386-7 .
  • Hans van Ess : Confucianism . CH Beck, Munich, 2016, ISBN 978-3-406-48006-5 .
  • Fincher, John H .: Chinese Democracy: Statist Reform, the Self-Government Movement and the Republican Revolution . Institute for the Study of Languages ​​and Cultures of Asia and Africa, Tokyo, 1989, ISBN 978-0-312-13384-9 .
  • Heilmann, Sebastian (Hrsg.): The political system of the People's Republic of China . Springer VS, Wiesbaden 2016, 3rd edition, ISBN 978-3-658-07228-5 .
  • Heuser, Robert: Introduction to the Chinese legal culture . Institute for Asian Studies, Hamburg, 1999, ISBN 978-3-88910-229-4 .
  • Kang, Jichao: Compilation of the Laws of the Republic of China , Vol. 1 and 2. San Min, Taibei, 1979
  • Li, Xiaobing / Fang, Qiang (eds.): Modern Chinese Legal Reform: New Perspectives . University of Kentucky, Lexington, 2013, ISBN 978-0-8131-4120-6
  • Messmann, Stefan: China's way in legislation . In: Mitteilungen der Deutschen China-Gesellschaft, Bulletin of the German China Association 2015, p. 49 ff.
  • Messmann, Stefan: Protection of Property in China. Changes under the New Chinese Legislation . In: Journal of Chinese Law, Volume 15 No. 2 (2008), pp. 113 ff., Zchinr.org .
  • Mohrenz, Martin: Confucianism: Philosophy, Ethics, History and Present . Lit Verlag, Vienna - Berlin, 2012, ISBN 978-3-643-50420-3 .
  • Noesselt, Nele: Chinese Politics . Nomos, Baden-Baden, 2016. ISBN 978-3-8252-4533-7 .
  • Gregor Paul : Legalism . In: Paul, State and Society in the History of China, p. 67 ff.
  • Gregor Paul: Maoism . In: Paul, State and Society in the History of China, p. 115 ff.
  • Gregor Paul: State and Society in the History of China. Theory and reality . Nomos, Baden-Baden, 2016, ISBN 978-3-8487-3245-6 .
  • Ommerborn, Wolfgang: Concepts of political rule and the importance of state and social practice in Neo-Confucianism of the Song era . In: Paul, State and Society in the History of China, pp. 73 ff.
  • Opitz, Peter J .: China's great change. Revolutionary movements in the 19th and 20th centuries . CH Beck, Munich, 1972, ISBN 978-3-406-02487-0
  • Heiner Roetz : Classical Confucianism: Lunyu, Mengzi (Menzius), Xunzi . In: Paul, State and Society in the History of China, p. 25 ff.
  • Sattler-von Sivers, Gabriele: The reform movement of 1898 . In: Opitz, Chinas große Wandlung, p. 55 ff.
  • Weber-Schäfer, Peter: The republican movement . In: Opitz, Chinas große Wandlung, p. 82 ff.
  • Weggel, Oskar: Chinese legal history . EJ Brill, Leiden - Cologne, 1980, ISBN 90-04-06234-3
  • Weggel, Oskar: Taiwan. From the 17th century until today . Edition Global, Munich, 2007, ISBN 978-3-922667-08-7 .
  • Weyrauch, Thomas: China's Democratic Traditions from the 19th Century to the Present in Taiwan . Longtai, Heuchelheim, 2014, ISBN 978-3-938946-24-4 .
  • Weyrauch, Thomas: China's Law before 1949 . In: Mitteilungen der Deutschen China-Gesellschaft, Bulletin of the German China Association 2018, p. 40 ff.
  • Weyrauch, Thomas: Sanmin Zhuyi - Sun Yatsen's theory of the state . In: Paul, State and Society in the History of China, pp. 103 ff.
  • Yu, Keping: Democracy and Rule of Law in China . Brookings, Washington, 2009, ISBN 978-0-8157-2218-2 .
  • Journal of Chinese Law . Ed .: German-Chinese Lawyers Association, German-Chinese Institute for Law, Max Planck Institute for Comparative and International Private Law, Munich 1944 ff.

Individual evidence

  1. ↑ a b c d e Yuanshi Bu: Introduction to the Law of China . CH Beck, Munich 2009, § 1. Rn. 1-22.
  2. ^ Robert Heuser: Introduction to Chinese legal culture . 3. Edition. Institute for Asian Studies, Hamburg 2007, p. 118 .
  3. ↑ Hongjun Gao: There's Nothing to Say vs. There's Something to Say - On Traditional Justice and Juristprudence in China . In: Tribune of Political Science and Law . No. 5 , 2006, p. 98 (105) .
  4. ↑ Harro von Senger : Introduction to Chinese Law . CH Beck, Munich 1995, p. 21 .
  5. ↑ Jinfang Zhang: General Inquiry into the Civil Process System in Ancient China . In: Legal System and Social Development . No. 3 , 1996, p. 54/55 .
  6. ^ Stanley B. Lubman: Bird in a Cage - Legal Reform in China After Mao . Stanford University Press, Stanford 1999, pp. 23, 29 .
  7. ^ Robert Heuser: Introduction to Chinese legal culture . 3. Edition. Institute for Asian Studies, Hamburg 2007, p. 26 .
  8. ↑ a b c Konrad Zweigert and Hein Kötz : Introduction to Comparative Law . 3. Edition. Mohr Siebeck, Tübingen 1996, B. § 20 - The Chinese Law, p. 280-288 .
  9. ↑ Weggel, Chinese legal history, p. 3 ff.
  10. ^ Weggel, Chinese legal history, p. 17.
  11. ^ Roetz, Klassischer Konfuzianismus, pp. 26, 0 f., 35; Paul, Der Legalismus, p. 67 ff .; Weggel, Chinese legal history, p. 3 ff.
  12. ^ Paul, Der Legalismus, p. 68 f.
  13. ^ Paul, Der Legalismus, p. 67 ff .; Mohrenz, Confucianism, p. 41; Messmann, China's Way in Legislation, p. 50.
  14. ↑ Weggel, Chinese legal history, p. 30 ff .; Messmann, China's Way in Legislation, p. 50.
  15. ↑ Weggel, Chinese legal history, p. 47 ff.
  16. ↑ Ommerborn, Concepts of Political Rule and the Meaning of State and Social Practice in Neo-Confucianism of the Song Era; Weggel, Chinese legal history, p. 67 ff.
  17. ↑ Weggel, Chinese legal history, p. 84 ff.
  18. ↑ Weggel, Chinese legal history, p. 92 f.
  19. ↑ Weggel, Chinese legal history, p. 121 ff.
  20. ^ Sattler-von Sivers, The Reform Movement of 1898, pp. 55 ff .; Weyrauch, Chinas Democratic Traditions, p 41 ff .; Weyrauch, p. 103 ff .; Weyrauch, Chinas Recht vor 1949, p. 40 ff.
  21. ^ Cameron, The Reform Movement in China, p. 111; Fincher, Chinese Democracy, pp. 43, 78 ff .; Weyrauch, Chinas Democratic Traditions, p. 48 ff .; Weyrauch, Chinas Recht vor 1949, p. 40 ff .; Weber-Schäfer, The Republican Movement, pp. 89, 94; Sattler-von Sivers, The Reform Movement of 1898, pp. 71 ff.
  22. ↑ Treaty of Nanjing from 29.08.1842, the Treaty of Nanking
  23. ^ Kang, Compilation of the Laws of the Republic of China, Vol. 1 and 2; Weyrauch, Chinas Democratic Traditions, p. 131 ff .; Weyrauch, Chinas Recht vor 1949, p. 40 ff.
  24. ↑ Messmann, Chinas Weg in der Gesetzgebung, p. 50 f.
  25. ↑ Weyrauch, Chinas Democratic Traditions, pp. 189 ff.
  26. ^ Weggel, Taiwan, pp. 295 ff .; Weyrauch, Chinas Democratic Traditions, pp. 265 ff., 322 ff .; Süddeutsche Zeitung of May 17, 2019, sueddeutsche.de
  27. ↑ Yuanshi Bu: Introduction to the Law of China . CH Beck, Munich 2009, § 1. Rn. 8th.
  28. ↑ Messmann, Chinas Weg in der Gesetzgebung, p. 52 ff .; Messmann, Protection of Property in China. P. 113 ff.
  29. ^ Bu, Introduction to the Law of China, p. 26; Eberl-Borges, Introduction to Chinese Law, p. 66; Heilmann, The Political System of the People's Republic of China, p. 39; Noesselt, Chinespolitik, pp. 37 ff., 71; Joyce Huang, Bill Die: Analysts: Amendments to China's Constitution to Include Xi Jinping Thought, Voice of America from September 19, 2017, https://www.voanews.com/east-asia/analysts-amendments-chinas-constitution- include-xi-jinping-thought  ; Constitutions of the People's Republic of China, http://www.verfassungen.net/rc/verf82-i.htm .
  30. ^ Bu, Introduction to the Law of China, p. 18; https://www.fmprc.gov.cn/ce/cgvienna/eng/dbtyw/jdwt/crimelaw/t209043.htm
  31. ↑ Bu, Introduction to the Law of China, pp. 44 ff.
  32. ↑ Weyrauch, Chinas Recht vor 1949, pp. 40 ff .; China Business Law Journal dated December 13, 2018 , vantageasia.com