Search

Your search for 'dc_creator:( "Heuser, Robert" ) OR dc_contributor:( "Heuser, Robert" )' returned 8 results. Modify search


Sort Results by Relevance | Newest titles first | Oldest titles first

Administrative Law

(3,301 words)

Author(s): Heuser, Robert
1. Concept, Development, and Functions Modern administrative law does not only aim at facilitating administrative tasks, but also at protecting citizens (who are considered as legal persons) from infringements by administrative bodies. For this reason, the organization of the authorities has to be regulated, their tasks to be determined by law, and the legality of their actions have to be made open to judicial review. China's imperial administration was ordered by laws. The state philosopher Shen Buhai (385-337 BCE) associated the fa (laws) with the following functions: "App…

Constitutional Law

(3,374 words)

Author(s): Heuser, Robert
1. Historical Development The idea that China should also have a law to regulate the establishment and functioning of government bodies as well as the position of citizens was first voiced by politicians and publicists during the reform efforts of the late Qing period (i.e. during the first decade of the 20th century). Empress Dowager Cixi, who was ruling instead of the Guangxu Emperor, pretended to have the intention of establishing a constitutional regime in order to prevent the fall of the dynas…

Constitutionalism

(968 words)

Author(s): Heuser, Robert
All prerequisites for constitutionalism in its historical, European sense, as the limitation of the state through the separation of powers and the guarantee of human rights, were absent in early 20th-century China. Two constitutional drafts materialized at the central level during the last two years of the Qing dynasty that followed the model of the Japanese (Meiji) constitution. While the 1908 Principles of Constitution ( xianfa da gang) was little more than a system of norms as safeguards against pre-constitutional, absolute imperial power, the 1911 Nineteen Articles ( shijiu xin…

Economic Law

(6,490 words)

Author(s): Heuser, Robert
The law relating to the production and distribution of commodities comprises both private economic law (property law) and public economic law (business administration law), i.e. those norms which constrain, guide, and promote business activities. 1. Economic Aspects of the Constitution The Constitution is the fundamental legal source of economic law because in it the relationship between state and economy is defined in a manner that is definitive for the whole legal system. In its General Principles, the Chinese Constitution of 1982, …

International Law

(2,001 words)

Author(s): Heuser, Robert
After a century in which China's international relations were characterized by wars and a loss of sovereignty (extraterritoriality, Treaty Ports), the PRC's foreign policy was first informed by its orientation towards the Soviet Union and the Eastern Bloc, and since the end of the 1950s to a large extent by isolation. Since the late 1970s it had to serve the goals of economic development. This implied a turn towards international (public) law as the legal system which regulates the relations bet…

Jurisprudence

(1,572 words)

Author(s): Heuser, Robert
Jurisprudence, not only as the art of legislation and law execution but also as a reflection on the meaning and the use of criminal law and other social norms (li, legal tradition ), has become relevant since approximately 500 BCE. Li Kui, an official in the state of Wei and the "founding father of Chinese jurisprudence", allegedly compared and systematized the law of six states around 400 BCE and subsequently compiled the Fajing ( Canon of Law). The minister and state philosopher Shang Yang wrote a penal and administrative law treatise for the state of Qin in 350 BCE, …

Legal Tradition

(3,446 words)

Author(s): Heuser, Robert
For approximately one century, the Chinese legal tradition, i.e. the sum of all moral concepts, norms, institutions, procedural rules, and behavioral patterns in Chinese society, has been in transition from a "traditional" existence that as been developed and maintained for over 2000 years towards a "modern" existence. The current "specifically Chinese socialist legal system", as it is officially called, is presently undergoing a rapid and complex evolution. It is characterized (1) by tradition,…

Legislation

(2,535 words)

Author(s): Heuser, Robert
1. Historical Development Legislation as a legal regulatory tool of the state has emerged in China early on. According to the Zuozhuan (4th century BCE), legislative clauses were engraved in bronze vessels in the state of Zheng in 535 BCE. The annals of the Jin dynasty, which were compiled roughly 1000 years after that period during the early Tang dynasty, state that in 400 BCE the legal work of Li Kui (Fajing) followed; however, only chapter titles of this book are still extant. Since approximately 350 BCE, when Shang Yang introduced reforms in the state of Qin wh…