The Legal Systems Of China And India

1395 WordsMay 7, 20156 Pages
Research Paper: The Legal Systems of China and India Introduction China and India are two nations that have endured significant political and economic change. Both nations’ legal systems are interestingly results of the influences from which they stem and contribute to the great strengths of both countries. However, it is quite evident that politics have triumphed over the legal systems in both countries. The strength of a legal system can be determined by the simplicity involved in ignoring its principles. Of course the structure of a legal system and judiciary in a given nation is absolutely fundamental, but what is illustrative of its sovereignty is the practice itself. Before China was so powerful and influential within itself, they…show more content…
I will then explain the kind of legal systems China and India have, what this means, and where China and India received their influences to begin and carry out such legal systems. After I have thoroughly explained the structure of both legal systems, I will finally discuss what is important and that is how China and India operate in regards to their legal systems. I will then go into explaining the characteristics of both civil law and common law legal systems as a whole as well as the specifics of China and India’s legal systems. Digging deeper, I will analyze the sources of the law in China and India and the various types of laws within the legal system, such as civil, criminal, etc. Finally, I will discuss the judiciaries, or court systems, within the two nations. The History of China As I previously mentioned, what’s interesting about China is that it was once free of a prominent legal system. We can look back to the establishment of the People’s Republic of China in 1949 when all of the laws of the People’s Republic of China were abolished. This, perhaps, was the pinpoint of the foundation of China’s new legal system. However, during the three decades under Mao Zedong, the dictator failed to establish a legal system. It wasn’t until the post-Mao era, under Deng Xiaoping, that the new economic reforms called for great changes in China, including the emergence of
Open Document