Abstract
As early as 2000 B.C., China had become the center of ancient eastern Asian civilization. With regard to legal culture, it is an important symbol of Chinese civilization as well as a basic constituent part of “Hua Xia” (an ancient name for China) culture. Like the history of Chinese civilization, the history of Chinese legal culture is also long-standing. It is the world’s greatest, with its extensive contents, vivid features, complicated mechanism and powerful vitality. Especially, in its long process of development, it was passed on from one generation to another, completely and systematically, without any interruption. As far as the interior of the formation of Chinese legal culture was concerned, the different ethnic groups in different regions were mutually influenced, mutually absorbed, and were gradually integrated and unified, however, as far as the exterior was concerned, it had created a system of its own, with the feature of conservativeness and independence imposed by agricultural economy and autocratic politics. Up to the middle of the nineteenth century, before the introduction of western capitalist legal culture, the intrinsic and intact feudal legal system and the patriarchal and ethical legal culture were still maintained.
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Notes
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Ibid.
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Ibid.
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“Zhong Guo Wen Ti De Zhen Jie Jue” (A Real Settlement of the Problems in China) in Sun Zhong Shan Xuan Ji (The Selected Works of Sun Yat-sen) (Book 1), The People’s Publishing House, 1956, p. 60.
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Ibid.
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Ibid.
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Ibid., p. 351.
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“Zhong Min” (Stressing the People) (Book 2) in Tao Yuan Wen Lu Wai Bian (Supplementary Essays of Wang Tao).
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Zheng Guanying, “Yi Yuan” (The Parliament) in “Sheng Shi Wei Yan” (Crisis Awareness in Heyday) in Zheng Guan Ying Ji (Collections of Zheng Guanying), edited by Xia Dongyuan (Book 1) (Book 1), Shanghai People’s Publishing House, 1982, p. 316.
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Xue Fucheng, Chu Shi Ying Fa De Yi Bi Si Guo Ri Ji (Diaries about the Diplomatic Missions to the four Countries: Britain, France, Italy and Belgium), Social Science Academic Press, 2007, p. 177.
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Kang Youwei, “Shang Qing Di Yi Shu” (The First Memorial to Qing Emperor) in Wu Xu Bian Fa Wen Xian Hui Bian (Collections of Documents about Wu Xu Bian Fa), Vol. 2. Taipei: Ding Wen Bookstore, 1973, p. 199.
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Kang Youwei, “Shang Qing Di Liu Shu” (The Sixth Memorial to Qing Emperor) in Wu Xu Bian Fa (Wu Xu Reform), edited by Jian Bozan et al., Vol. 2 , Shen Zhou Guo Guang Publishing House, 1953, p. 200.
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Kang Youwei, “Shang Qing Di Liu Shu” (The Sixth Memorial to Qing Emperor) in Wu Xu Bian Fa (Wu Xu Reform), edited by Jian Bozan et al., Vol. 2, Shen Zhou Guo Guang Publishing House, 1953, p. 200.
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Kang Youwei, Da Tong Shu (A Book of Great Harmony), Shanghai Ancient Books Publishing House, 2005, p. 129.
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Ibid, p. 44.
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Ibid.
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Ibid.
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Ibid., p. 125.
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Tan Sitong, “Ren Xue” (The Doctrine of Benevolence) in Tan Si Tong Quan Ji (The Complete Works of Tan Sitong), revised and enlarged version (Book 2), Zhonghua Book Company, 1981, p. 348.
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Tan Sitong, “Ren Xue” (The Doctrine of Benevolence) in Tan Si Tong Quan Ji (The Complete Works of Tan Sitong), revised and enlarged version (Book 2), Zhonghua Book Company, 1981, p. 348.
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Ibid., p. 304.
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Ibid., p. 348, 349.
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Yan Fu, “Lun Shi Bian Zhi Cheng” (On the Rapid Change of Universe) in Wu Xu Bian Fa (Wu Xu Reform), edited by Jian Bozan et al., Shen Zhou Guo Guang Publishing House, 1953, p. 73.
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Ibid.
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Ibid., p. 49.
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Ibid., p. 48, 49.
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- 114.
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- 115.
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Kang Youwei, “Shang Qing Di Liu Shu” (The Sixth Memorial to Qing Emperor) in Wu Xu Bian Fa (Wu Xu Reform), edited by Jian Bozan et al., Vol. 2, Shen Zhou Guo Guang Publishing House, 1953, p. 199.
- 117.
Kang Youwei, “A Memorial to the Emperor about Clarifying the State Affairs and Revising the State Policies” in Kang You Wei Zheng Lun Ji (Collections of Kang Youwei’s Political Essays) (Book 1), edited by Tang Zhijun, Zhonghua Book Company, 1981, p. 262.
- 118.
Zhang Taiyan, “Xing Guan” (officials in charge of criminal laws) in Zhang Tai Yan Quan Ji (The Complete Works of Zhang Taiyan), Vol. 3. Shanghai People’s Publishing House, 1984, p. 558.
- 119.
Ibid., p. 545.
- 120.
“The Great President Consulting the Senate for Ordering ‘Fa Zhi Ju’ (Bureau of Legislative Affairs) to Draft the Regulation for Judge Examination Committee and the Regulation for Judge Examination” in Xin Hai Ge Ming Zi Liao (The Materials of Xin Hai Revolution), edited by the Team of Historical Materials of the Institute of Modern History of China Academy of Social Science, Zhonghua Book Company, 1961, p. 357.
- 121.
Ibid.
- 122.
Xue Fucheng, “Opening up Wastelands by Setting up Commercial Affairs in England” in Yong An Hai Wai Wen Ji (Collections of Essays Overseas by Xue Fucheng), Vol. 3.
- 123.
Chen Chi, “Gong Si” (The Company) in Yong Shu (Mediocre Books), supplementary chapters, Vol. 1.
- 124.
Zheng Guanying, “Shang Zhan” (The Commercial War) in “Sheng Shi Wei Yan” (Crisis Awareness in Heyday) in Wu Xu Bian Fa (Wu Xu Reform), Vol. 1, p. 83.
- 125.
Chen Chi, “Shang Bu” (The Commercial Department) in Yong Shu (Mediocre Books), supplementary chapters, Vol. 1.
- 126.
Liang Qichao, “Kang Nan Hai Xian Sheng Zhuan” (The Biography of Mr. Kang Nanhai) in Yin Bing Shi He Ji (The Complete Works of Yin Bing Shi) (Book 6), Vol. 1, Zhonghua Book Company, 1989, p. 86.
- 127.
Liang Qichao, “Lun Yi Shu” (On Book Translation) in “Bian Fa Tong Yi” (The General Discussion on Reform) in Yin Bing Shi He Ji (The Complete Works of Yin Bing Sh) (Book 1), Vol. 1, Zhonghua Book Company, 1989, p. 69.
- 128.
Liang Qichao, “Li Xian Fa Yi” (A Discussion on Constitution Making) in Yin Bing Shi He Ji (The Complete Works of Yin Bing Shi) (Book 5), Vol. 1, Zhonghua Book Company, 1989, p. 1.
- 129.
Ibid.
- 130.
Kang Youwei, “Shang Qing Di Liu Shu” (The Sixth Memorial to Qing Emperor) in Wu Xu Bian Fa (Wu Xu Reform), edited by Jian Bozan et al., Vol. 2, Shen Zhou Guo Guang Publishing House, 1953, p. 200.
- 131.
Liang Qichao, “Lun Yi Shu” (On Book Translation) in “Bian Fa Tong Yi” (The General Discussion on Reform) in Yin Bing Shi He Ji (The Complete Works of Yin Bing Sh) (Book 1), Vol. 1, Zhonghua Book Company, 1989, p. 69.
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Zhang, J. (2014). The Change of Traditional Legal Concepts. In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_17
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