Chinese contract law and the economic reform Essay

Chinese contract law and the economic reform - Essay ExampleThe melodic theme delves into how chinas previous contract laws had many contradictions and failed to meet the needs of Chinas developing market economy. It then looks at why China needs a thoroughly legal system for economic reform, why a legal system is important for economic reform and what the relationship amidst them is. Lastly, the paper looks at why Chinese people still do not have confidence for chinas law system and how the government has attempted to cover the problem.Influence of Confucianism in Ancient and Present ChinaConfucianism which means The School of the Scholars, is the cornerstone of traditional Chinese based on the traditional culture of the Xia, Shang and grub Dynasties. It is attributed to Kung Fu Tzu (Confucius in English) was born in 551 BCE in the state of Lu (modern day Shantung Province). He became the most influential and respected philosopher in Chinese floor and his discourses were writt en by his disciples in the Analects. Confucianism combines a political theory and a theory of human nature, resulting in a prescriptive doctrine or dash (dao). The political theory is based on the idea that the legitimate ruler derives authority from heavens command, or the mandate of heaven, and is responsible for the peoples well-being and for peace and order in the empire. In terms of human nature, humans are essentially genial animals whose ways of interaction are shaped by convention or ritual (li), which prescribe proper behavior for a given situation. Good government is one that values hierarchy, group orientation, and respect for age and tradition. He also argued that social order and harmony can be achieved if everyone understood their rank in society and were taught the proper behaviors of their rank.2 His teachings spread and was accepted across China and by most 100BC, the Han Dynasty declared Confucianism to be Chinas official state philosophy. During the Tang Dyna sty, however, it lost its official sanction but over the last two millennia, Confucianism has remained the overabundant orthodoxy in Chinese society. It thus affected everything in China education, government, public and private attitudes and, etiquette.3 His writings deal primarily with individual morality and ethics, and the proper function of political power by the rulers. Confucian ethical teachings include such values as Li (includes ritual, propriety, etiquette) Hsiao (love within the family love of parents for their children and of children for their parents) Yi (righteousness) Xin (honesty and trustworthiness) Jen (benevolence, humaneness towards others the highest Confucian virtue) and Chung (loyalty to the state). His vision revolve about on respect children show to their parents the high regard given elders and lawful authority figures and an appreciation for learning, protocol and ceremony.4 Confucianism has influenced the Chinese attitude toward life, set the pattern s of living and standards of social value, and provided the background for Chinese political theories and institutions. Confucianism promotes collective interests and community welfare through emphasis of the educational or remolding process in serving the common good of the society. This concept is still upheld in China to date as seen in the governments attempts to serve the people and reduce the big gap in the midst of first tier cities and lower tier cities.5 Confucianism also projects the concept of harmony which states that oneself must live in harmony with everything around him and stay free of criminality or sin. In order to create harmony people should use what create order and harmony amongst all things by using all the acquaintance the world could