Lack of Rule of Law in China Essays

Legalism was very different from both Confucianism and Daoism because Legalism was the belief that people needed to be controlled because they were evil. Legalism is found in China and was founded by Han Feize. While it is unknown when Legalism was established, it is known that Han Feize was born in 280 B.C. so that gives a general time when legalism started. Legalism didn’t deal with much religious concerns but was more of a political philosophy instead. Citizens were seen to be responsible for actions of one another. A person who is considered guilty, their relatives and neighbors should be punished as well. This was a way to make sure that the laws are followed. The laws are strict with harsh punishments. People who spy on others and report anything that they do wrong to the authorities are thought to be doing right of the law. Both Legalism and Confucianism are belief systems within a group of people, not religions, and both are intended to lead to an orderly way of life, how they approach their teachings are complete opposed.

The idea of ruling a powerful government based on the principle of using two conflicting ideologies at the same time appeared foreign to most dynasties of early China. In early Chinese times, after the Period of the Warring States, two ideologies emerged: Legalism and Confucianism. Legalism stressed a strong central government that expressed harsh laws while Confucianism had a decentralized government, placing trust in conscientious and learned individuals to work together to solve political issues. These two schools of thought were in stark contrast to each other and, up until the Han dynasty, had never been combined with each other through government policy. The Qin dynasty, for example implemented a strict Legalist government while the

They want to emphasize individual virtuous behavior, both by the ruler and the ruled as well as highly recommending obedience and respect, “people should know their place, even under bad rulers.” Even the Han emperors decided to implement Confucius ideas after looking at their doctrine called The Analects. The book shows Confucian political value and social order which states that the aristocrats and the educated are of the highest degree, and then comes farmers, and finally, the merchants. Although both Confucianism and Legalism call for governmental hierarchy, Confucianism possessed an optimistic view of human potential while Legalists believe that a powerful government is necessary along with a carefully devised law rewarding for good deeds and punishing for bad

Additionally, literature was discouraged under Legalism because they were believed as poisons to the mind. The Legalists believed this way because not all the information in books contains the truth. Agriculture and war were promoted on the other hand, because it would carve a rich and powerful empire (Walker 39). Many argue that the harshness of Legalism caused the downfall of the Qin Dynasty. However, it was one of the main reasons by the Qin Dynasty stood as the strongest among the Chinese states and possibly in the world. The reason why is because harsh punishments encouraged good conduct and discipline. When this is brought upon, there will be more room to contribute to society and there will be fewer worries about crimes being committed. In addition, the conduct and discipline was a plus for the military. By doing what they are told, the military can execute their job perfectly. All in all, Legalism flourished the Qin Dynasty; it did not cause it to go downhill.

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

Legalism is an ancient Chinese philosophy of administration that believes that humans are more inclined to do wrong than right because they are motivated entirely by self-interest. Shi Huangdi was the founder of the Qin dynasty. After conquering the seven kingdoms in ancient China, he halted the Warring States Period and took the throne as the first emperor of the unified Chinese nation. He ruled on the basis of Legalism. To prevent criticism of his rule, Shi Huangdi ordered that all books that seemed to be useless or against him be burned. This included all poetry from the Chou dynasty and all books written by Confucian scholars. The only books from previous eras that Shi Huangdi let off were the practical ones about medicine and farming. Focusing on the issue of media censorship, the current Chinese government governs in a similar way to the way Qin Shi Huangdi once governed. China still blocks and monitor citizens access to several social media services and shuts down media entertainment programs during government events. While some may see this as an extreme form of censorship, we must consider the fact that several other countries have similar policies in place.

In both China and the United States, the judicial system is composed of courts that contain several different levels. However, there is a basic structural difference between the Chinese and American legal systems. In America, the three branches of government are supposed to be separate, so that the court system is supposed to be beyond party politics and partisan antics. This separate system of checks and balances does not exist in China. On the contrary, the judicial branch is not independent. It is meant as an extension of the government, and therefore of the single political party with any power in China. The distinction between American judicial independence and Chinese judicial dependence may be one of the most critical differences between the two systems because the American judicial branch is meant to act as a check and balance with the other systems, while China's three-part system has the same branches but lacks the same independence.

The central idea of legalism was to provide absolute power to the person in charge and the supremacy of authority. Legalists like Han Fei Zi

The People’s Republic of China with a population 1.3 billion, is the third largest country in the world and has a land size of 960,000 square kilometres. It is a rapidly growing economy, with living standards being raised every year. However, human rights violations are still a part of daily life in some part of China and can still be seen in the present time. The most controversial issues include discrimination, right to live and not to be subject to torture, freedom of religion, opinion, to fair public hearing, rights to family and the right of movement. (The Consulate General of The People's Republic of China, 2003),(Infoplease, 2009)

Months later, Mao declared the founding of the new Chinese state in October 1, 1949 which is the People's Republic of China (13). Chiang Kai-shek on the other hand retreated to Formosa which is now Taiwan to seek refuge from Mao’s advancing armies (Ford 36) which it still continue to occupy until this day.

From 1949 until his death in 1976, Mao Zedong transformed a country in poverty and chaos into a well-organised state with an educated populous, over which he maintained total control. 2 more intro sentences.

In 1949, after a long lasting contest for leadership, the Communists were able to gain power. In 1900, China was ruled by the Manchu dynasty, however less than in half a century a completely new government came into power. The Qing government had already been weak due to European countries because they gained great influence in China’s affair by using forces. They became so unpopular that people plotted to overthrow them. Despite the fact that the revolution of 1911 failed to overthrow them, it made the government collapse. People needed changes. But none of the leadership or the Party government could achieve what they promised in order to make the lives of people better in China. The Communist

Communism is a system of government, a political ideology that rejects private ownership and promotes a classless, stateless society based on common ownership of all property and the means of production, where by all work is shared and all proceeds are commonly owned. Communism is practised in China, North Korea, Vietnam, Laos and Cuba. However most of the world’s communist governments have been disbanded since the end of World War II. Soon after the Japanese surrendered at the end of World War II, Communist forces began a war against the Kuomintang in China. The Communists gradually gained control of the country and on the 1st October, 1949, Mao Zedong announced the victory of the Communist party and the establishment of the People's

After a bitter civil war (1946-1949), which faced the major Chinese parties Kuomintang and CCP, Kuomintang’s defeat, evidenced with Chiang’s and 200.000 people´s fled to Formosa, Mao Zedong (1893-1976), born in Shoshan, Hunan, proclaimed the new People´s Republic of China with himself as both Chairman of the CCP and President of the republic in October 1949. How did the under numbered and weak CCP, founded by the same person in 1921 manage to survive several extermination campaigns and re-organize the party to win the civil war, crushing opposition and establish the Chinese

One of the first things that come to mind about human rights in China would most likely be the Tiananmen Square massacre, where in 1989 hundreds of student protestors lost their lives to the People's Republic of China.