Legal Systems in China

Background

The term law or “fa” in Chinese means “fair,” “just,” and “straight.” Surprisingly, the term that preceded “fa” was “xing,” which meant decapitation. When the hierarchy decided on implementing a new set of laws after social progression, decapitation was not the only sentence given. A new system of degrees for crime and punishment were employed. China had much more realistic views on law during this time. While most civilizations held law to some sort of religious or moral standard, China viewed these enactments as purely secular. These regulatory ideas, instead of religious notions, were believed to give emperors more control over the population.

After realizing the legal plan was not fully operable, laws were mixed with religious beliefs in order to please those who rejected the secular enforcements.

Religion vs. Law

During the warring state of China, two ideals fully emerged. Confucianism and Legalism were two states of human law and control. Confucianism focused on all humans being somewhat moral and just. A set of standards and norms were to be upheld by all citizens, where all people were potentially good. Humanity was seen to thrive on good character and standing, not imposed laws and regulations. According to the ideology, humans were meant to look at themselves compared to others and follow their inner potential to create a fair, compatible society. Confucius believed in people finding their accepted social norms or “laws” themselves, not having a ruler instate a moral code. The belief that the human race could work together for the advancement of a just society would be much more of a harmonious process.

However, the opposite end of the spectrum gave birth to Legalism. The main ideals of Legalism focused on ending any rebellion to a social norm. Unified code or law with punishment was believed to have much more effect on the masses. Legalism focused on the self-interest of all humans and therefore stated people must be generalized to a point.

Current

Upon the creation of The People’s Republic of China, a new set of socialist laws were enacted. The new laws were loosely based upon the Soviet Union’s legal system. After seeing a rise in political abuse and power, the constitution was rewritten in 1982 to its current state. The current law gave much more freedom and human rights to citizens, but still focused on the social duties and responsibilities of the working class.