Contemporary Chinese Law in Context Essay Example | Topics and Well Written Essays - 3000 words

Contemporary Chinese Law in Context - Essay Example 4). Traditional Chinese Laws were practiced in China even during the latter half of twentieth century. The traditional laws were highly influenced by philosophical and political doctrines propagated by Confucius. Thus, the traditional Chinese laws, government regulations and penal code had Philosophical influence (The Spirit of Traditional Chinese Law n.d., p. 2-3). This paper deals with some of the Chinese laws which were revised and those which have kept pace with the changes brought about by economic globalisation. While some of the existing laws were amended like the Competition law, social law, Property laws, some new laws like Food and Beverages Law, Antimonopoly Law, etc were introduced. This paper reviews some of those laws by focusing on the circumstances which required introduction of new laws, components of new laws, their implementations and effectiveness in the Chinese Society. At the same time, this paper also examines categorization of laws basing upon their formation as well as their limitations or drawbacks. Chinese laws after 1976 to 2013: Contemporary laws: westernization Chinese legal system got modernized only after the country earned its Republic status, and especially after the reign of Qing dynasty. The effects of Cultural Revolution necessitated the requirement for formulation of some new laws and reformation of some. It has been observed that, during the last thirty years China has put most efforts in implementing legal provisions. Not only this, China has also achieved significant amount of success in redefining its legal norms, development and innovations in institutions and systems pertaining to laws and regulations. Modern day Chinese laws are meant for serving long term goals. Some of these include modifying public behavior, family planning policies, proper functioning of social systems, and above all making up for flaws that were committed by Chinese legal systems before modernization (Dingjian 2010, p. 40). Over time, the legal reforms in China have been results of direct influence of legal systems of developed Western countries. However, China has blended them with their specific problems and has customized the laws to create a system which would best serve its purpose. In order to introduce a new behavioral model, China had to introduce new legal standards. Thus, modern Chinese legal concepts are aiming at shaping up a large- scale, proper and consistent legal- structure for China (Dingjian 2010, p. 41- 42). The Chinese legal system can also be divided into two broad categories- the state made laws and the non- state made laws. State made Law All the formal acts and regulations that are formulated and implemented in recent times are classified under this category. The state laws consist of standard legal provisions and procedures and in every aspect are held superior to non- state laws. Chinese laws are regulated by multiple authorities, and the division of power is centralized. Thus, China has a well de fined law and regulations for its citizens, thereby promoting equality and peace (China's Current Legislation Structure). Non- State made law The non- state laws refers to those codified and un-codified laws and regulations that are practiced in a nation without maintaining any international convention. Numerous such laws could