Chinese Law Article 464 Overview

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Questions and Answers

What does Article 464 primarily define in relation to contracts?

The effectiveness of oral agreements

The limitations of personal relation agreements

The requirements for civil legal relations (correct)

The enforcement of a contract without written form

How does legal culture relate to societal reality?

Legal culture is a mere reflection of written laws.

Legal culture connects legal norms to the material and immaterial reality of society. (correct)

Legal culture is independent of societal norms.

Legal culture is defined solely by historical precedents.

What assumption about societies without written language is challenged in the content?

They can manage social rules without explicit formulation. (correct)

They lack effective social rules.

Their coercive power is derived only from written agreements.

They have no ability to form legal relations.

According to Mamede, how is reality shaped in terms of legal notions?

It is conceived and shaped by culture. Signup and view all the answers

What is one key aspect of the interaction between language and legal norms?

Language and legal culture are interdependent dimensions. Signup and view all the answers

What was the primary method used by Bracton to understand English law?

Utilizing a legal grammar derived from Roman law Signup and view all the answers

Which term refers to the Chinese legal concept that encompasses law without division into categories?

Zhufa Heti Signup and view all the answers

In modern Chinese law, what does 'Fa' mainly refer to?

Criminal law Signup and view all the answers

Which character elements comprise the original character of 'Fa' in the context of ancient Chinese law?

Water, unicorn, and the verb 'to go' Signup and view all the answers

How does the unicorn in the context of ancient Chinese law symbolize societal order?

As maintaining societal equilibrium when crimes occur Signup and view all the answers

What is the significance of combining 'Fa' with 'Lü' in Chinese legal philosophy?

To emphasize the idea of order in subjective law Signup and view all the answers

What is observed about law in the context of western legal divisions compared to ancient Chinese law?

There was no distinction within ancient Chinese law Signup and view all the answers

What distinguishes substantive law from procedural law?

Substantive law deals with the definition of crimes, while procedural law regulates the trial process. Signup and view all the answers

In a civil procedure, how are the parties characterized?

Both parties are considered private entities. Signup and view all the answers

What is a key difference between civil and criminal procedures?

Civil procedures seek to determine who is wrong, while criminal procedures are about enforcing laws. Signup and view all the answers

Which statement accurately describes the translation of legal codes in China and Japan?

Legal translations in China were notably inaccurate due to unqualified translators. Signup and view all the answers

What realization emerged in Chinese society after the war between China and Japan in 1894-1895?

There was a growing awareness of the necessity for modernization. Signup and view all the answers

Which factor contributed to the delay in legal modernization in China?

Lack of interest in translations by experienced legal scholars. Signup and view all the answers

What is one major characteristic of the criminal procedure?

The prosecutor represents the public interest in society. Signup and view all the answers

What impact did Liang Qichao have concerning legal translations in China?

He criticized the inaccuracy and pushed for better translations. Signup and view all the answers

How did the structure of legal codes differ between countries like China and Japan?

China and Japan both maintained singular codes without distinction in categories. Signup and view all the answers

What was a significant consequence of Japan's lack of military advancement during the period of unequal treaties?

Japan was able to avoid war and accept unequal treaties. Signup and view all the answers

What was the primary motivation behind the Meiji government's efforts to build new institutions and modernize during the Restoration period?

To overcome the limitations imposed by unequal treaties. Signup and view all the answers

Which of the following was NOT a key area of focus for the Meiji government's modernization efforts?

Adoption of traditional Confucian values. Signup and view all the answers

Why did the Meiji government initially send students to study abroad in the Netherlands, and then later to other countries?

The Netherlands was known for its advanced legal system. Signup and view all the answers

What was the primary challenge faced by the Meiji government in developing a modern legal system?

A lack of trained legal professionals. Signup and view all the answers

What role did Roman law play in the development of Japan's modern legal system?

Roman law was studied as a precursor to English law, which served as a primary model for the Japanese legal system. Signup and view all the answers

What was the primary outcome of the 'Aoki-Kimberley Treaty' signed between Britain and Japan in 1894?

It officially ended the unequal extraterritorial treaty system between Japan and Western nations. Signup and view all the answers

What was the primary influence on the creation of Japan's first civil code in 1898?

English and French laws, particularly the Code Napoleon. Signup and view all the answers

What is the primary focus of the content discussing the Qingmo and the beginning of China's modernization?

The historical significance of the Silk Road and its impact on China's interaction with Rome. Signup and view all the answers

Study Notes

Porcelli Chinese Law

Article 464 describes a contract as an agreement between parties in civil legal relations, establishing, modifying, or terminating these relations. Personal relations like marriage and adoption follow specific laws, or are handled by applying the provisions to similar personal relations.
Law and anthropology: societies without written language often have effective social rules despite the absence of written formulations. Rules and implementation can diverge.
Legal culture is a concept linking legal norms to the material and immaterial reality of society.
Legal culture and language are intertwined and must be considered in international legal discourse.
"Reality" is the reality perceived by a culture, initially inherited, but then reworked to fit survival needs and future aspirations.
Different languages can have different legal meanings affecting contracts and arbitration clauses.
Formal expressions are useful tools for storing and sharing knowledge, but complete formalization isn't possible due to the complexity of context.
Primitive terms (in law) can be defined in terms of the context, but an infinite regress can be evaded. Primitive terms are basic terms that have accepted meaning within the framework of a legal system.
Legal systems and formalization: There are limitations to formal systems, such as formal expressions which cannot fully explain context.
Informal law is part of the system of norms, often operating alongside formal law
There should be a shared framework / language in inter-cultural communication.
Formal expressions can help codify and share knowledge, but are limited by the potential for misinterpretations.
Legal systems are not monolithic. They have a lot of flexibility and they are shaped by the interactions of different perspectives and circumstances
Different parts of a legal system can be more or less formal and the formality of laws can be influenced by safety valves of anti-evasion interventions, such as how law and equity distinction functions.

How to Handle Contracts?

Choices of law clauses or arbitration clauses can refer to legal systems that differ from the contract's language, requiring consideration in contracts for cross border transactions
Application/interpretation/application of law must consider context/cultural differences.
Understanding how words can have different meanings for different people in a contract/legal settings is important in international contracts.

What is Law?

Legal systems like the Roman system, are tied to concepts of 'ius' and ‘aequitas,'. The system of law is linked to ‘justitia and related to the concept of the good and fair.

Methodology to deal with Law in a global perspective

China's law was traditionally different from modern Western legal systems (e.g., no distinction between private/public law).
China's ancient law was based on written law as well as social norms or cultural rules (the Li).
There were not as many categories of law such as private or public as seen in the modern Western legal systems.
The concept of equity was a strong part of the legal system, which influenced how cases were handled, as in Roman Law.
There was no concept of national / external laws / international law as understood in today's sense.
The Code was used to organize and systematize norms.
In the Tang Code, articles and comments were systematically integrated.
China began to use ‘Western' international law concepts during the 17th Century in exchange through trade and diplomacy

The Qingmo and the Beginning of China's Modernization

Foreign influence was impactful during this era, including the influence of unequal treaties and legal systems on social changes.
In many parts of Asia, there was an imposition of western standards on how to run a country.
The rise in wealth and power of some countries was heavily dependent on their capacity to control access to commodities in other regions.
China, India, and many other parts of Asia were forced by strong countries to trade/buy goods at a price that they could not sustain.
China, and many other regions, were in a difficult situation due to the exploitation by strong countries or trade imbalances.

Foreign Investment Catalogue

China has a catalogue that records its rules for the approval and processes related to foreign investments.
Foreign investments in specific areas may face higher requirements, forbidden investments, or tax incentives.
Some investments are encouraged.
Certain countries/regions have catalogues of provisions/rules/regulations for foreign investments, and these have evolved over time.

Contracts

Understanding Chinese law requires a broader view that considers the importance of technological and trade developments.
Contracts played a key role in promoting commercial and other important activities in ancient China and this system was organized in a hierarchical way, following ‘systems' and procedures that varied across the different dynasties.
The increase in the rate of trade can be supported by the innovation of technology, but also by the improvement of international regulations.

Other

Technology cooperation shall be determined through discussions among investing parties.
Confidentiality of trade secrets of foreign investors shall be retained.
Formalisation/structure of laws was important

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Description

Explore the complexities of Article 464 in Chinese law, which defines contracts and their implications in civil legal relations. This quiz delves into the interplay between legal culture, language, and societal norms. Understand how personal relations and societal rules function within the legal framework.