2004Unpublished venueRequires access

A reflection of legal resources of Pre-Qin and Qin Dynasty——A Discussion with Mr. Gao Hongjun

Tian Ye-zhuang

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Abstract

This paper discusses how the traditional Chinese legal resources represented by the laws of Pre- Qin and Qin Dynasty and the western legal resources affect modern Chinese legal construction. It also questions the argument in the article The modern examining and questioning about the laws of Pre- Qin and Qin Dynasty. It is argued that article did not pay enough attention to the spirit of the traditional legal resources while inheriting them, abandoned the essence while transplanting the western legal resources. It is also argued that the core of modern law construction is democracy and freedom.

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What this paper is about

This paper discusses how the traditional Chinese legal resources represented by the laws of Pre- Qin and Qin Dynasty and the western legal resources affect modern Chinese legal construction. It also questions the argument in the article The modern examining and questioning about the laws of Pre- Qin and Qin Dynasty. It is argued that article did not pay enough attention to the spirit of the traditional legal resources while inheriting them, abandoned the essence while transplanting the western legal resources. It is also argued that the core of modern law construction is democracy and freedom.

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Available abstract

This paper discusses how the traditional Chinese legal resources represented by the laws of Pre- Qin and Qin Dynasty and the western legal resources affect modern Chinese legal construction. It also questions the argument in the article The modern examining and questioning about the laws of Pre- Qin and Qin Dynasty. It is argued that article did not pay enough attention to the spirit of the traditional legal resources while inheriting them, abandoned the essence while transplanting the western legal resources. It is also argued that the core of modern law construction is democracy and freedom.

Key concepts: Argument (complex analysis), Law, Legal realism, Democracy, Political science, Sociology, Legal profession, Politics

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