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An expository study on China's legal services : It's history and contemporary practices / by Gang Qiao.

By:

Qiao, Gang [author]

Contributor(s):

Nacpil, Bishop Emerito P [adivser]

Material type: Text

TextLanguage: English Publication details: Indang, Cavite : Cavite State University-Main Campus, 2011.Description: xviii, 156 pages : illustrations ; 28 cmContent type:

text

Media type:

unmediated

Carrier type:

volume

Subject(s):

DDC classification:

362.5 Q1 2011

Online resources:

Click here to view thesis abstract and table of contents

Production credits:

Graduate School and Open Learning College (GSOLC)

Abstract: QIAO, GANG, An Expository Study of China’s Legal Services: Its History and Contemporary Practices. A dissertation. Doctor of Philosophy in Management. Cavite State University, Indang, Cavite. May 2011. Adviser: Bishop Emerito P. Nacpil The Cultural Revolution brought chaos, even to the Communist leadership. When the Revolution ended with Mao's death in 1976, the country's people and leaders ached for order and stability. In 1978, under Deng Xiaoping's leadership, China began the struggle to re-establish legal institutions by opening law schools, restructuring the judicial and procuracy systems, and restoring the Ministry of Justice. Taking a stance opposite that of Mao, Deng said: "'To ensure people's democracy, we must strengthen our legal system. Democracy has to be institutionalised and written into law, so as to make sure that institutions and laws do not change whenever the leadership changes, or whenever the leaders change their views or shift the focus of their attention.""Deng appeared to realize that a modern economy, necessary for China's growth and ultimate social stability, required an orderly legal system as well as the support of Western investors and Chinese intellectuals. He re-established the legal system to give foreign investors a degree of security in the P.R.C. and to provide for rapid domestic development. Used this way, law was still just a tool for the building of a higher Party goal: the modernization of the P.R.C. "Beginning from the Marxist principle that law is the embodiment of the will of the ruling class, the Chinese Communist Party leadership since 1949 has consistently stressed the point that law must serve the tasks of rebuilding Chinese society." Law is only an instrument, a mechanism, for implementing Party policy. In implementing his policies, Deng took a non-dogmatic approach to Marxism. He vowed that his country : would "build socialism with Chinese characteristics," adjusting Marxism-Leninism to fit within the Chinese reality. He established four “Cardinal Principles” to guide the Chinese regime. First, the "socialist road" principle describes China's economy as predominately planned and only supplemented by a limited market economy. Secondly, the “dictatorship of the masses” announces a comprehensive legal system that allows for a degree of socialist democracy. Thirdly, leadership" principle reminds the people and the party that China's centralism should be tempered by public supervision and condemnation of corruption. Finally, the Marxism-Leninism-Maoism principle reflects the idea of adopting theories to fit China's reality. A socialist law becomes possible because China is a socialist society. The people, and not the bourgeoisie, own the means of production. And the law that emanates from this socialist state is therefore a socialist law.

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Holdings ( 1 )
Title notes ( 5 )

Holdings
Item type	Current library	Collection	Call number	Materials specified	URL	Status	Notes	Date due	Barcode
Theses / Manuscripts	Ladislao N. Diwa Memorial Library Theses Section	Non-fiction	362.5 Q1 2011 (Browse shelf(Opens below))		Link to resource	Room use only	T-6039		00009765

Thesis (Doctor of Philosophy in Management) Cavite State University

Includes bibliographical references.

Graduate School and Open Learning College (GSOLC)

QIAO, GANG, An Expository Study of China’s Legal Services: Its History and Contemporary Practices. A dissertation. Doctor of Philosophy in Management. Cavite State University, Indang, Cavite. May 2011. Adviser: Bishop Emerito P. Nacpil

The Cultural Revolution brought chaos, even to the Communist leadership. When the Revolution ended with Mao's death in 1976, the country's people and leaders ached for order and stability. In 1978, under Deng Xiaoping's leadership, China began the struggle to re-establish legal institutions by opening law schools, restructuring the judicial and procuracy systems, and restoring the Ministry of Justice. Taking a stance opposite that of Mao, Deng said: "'To ensure people's democracy, we must strengthen our legal system. Democracy has to be institutionalised and written into law, so as to make sure that institutions and laws do not change whenever the leadership changes, or whenever the leaders change their views or shift the focus of their attention.""Deng appeared to realize that a modern economy, necessary for China's growth and ultimate social stability, required an orderly legal system as well as the support of Western investors and Chinese intellectuals. He re-established the legal system to give foreign investors a degree of security in the P.R.C. and to provide for rapid domestic development. Used this way, law was still just a tool for the building of a higher Party goal: the modernization of the P.R.C. "Beginning from the Marxist principle that law is the embodiment of the will of the ruling class, the Chinese Communist Party leadership since 1949 has consistently stressed the point that law must serve the tasks of rebuilding Chinese society." Law is only an instrument, a mechanism, for implementing Party policy.

In implementing his policies, Deng took a non-dogmatic approach to Marxism. He vowed that his country : would "build socialism with Chinese characteristics," adjusting Marxism-Leninism to fit within the Chinese reality. He established four “Cardinal Principles” to guide the Chinese regime. First, the "socialist road" principle describes China's economy as predominately planned and only supplemented by a limited market economy. Secondly, the “dictatorship of the masses” announces a comprehensive legal system that allows for a degree of socialist democracy. Thirdly, leadership" principle reminds the people and the party that China's centralism should be tempered by public supervision and condemnation of corruption. Finally, the Marxism-Leninism-Maoism principle reflects the idea of adopting theories to fit China's reality. A socialist law becomes possible because China is a socialist society. The people, and not the bourgeoisie, own the means of production. And the law that emanates from this socialist state is therefore a socialist law.

Submitted to the University Library 08/04/2020 T-6039