The Change of Legal System in China after Reformation and Openness－The Transformation of Economic System and Interaction of Legal System

• Main Authors: Fu-Chu Ho, 何福居
• Other Authors: Chin - Peng CHU
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/77057198141991536696

碩士 === 國立東華大學 === 公共行政研究所 === 92 === We realize that the process of change in a society from the way of legal systematic development and its foundational evaluation. Recently, the process of economic systematic reformation reflects its legal system and the various policies indirectly in different period of time in Mainland China. Therefore, when facing such multiple aspects of legal systems and rapid economic development that it is essential, we should understand the process of legal system from all directions. At the same time, we should inspect carefully not only to advanced study of individual “Law Transplant” on the foundational legal knowledge, but also to take advantage of understanding these systems to protect the rights and benefits of Taiwanese businessmen in China because the trade on the both sides are closer than before, which causing so called magnetic effect under the economic trade of China market in the world. Looking back of the 11th The Third Plenary Session of the Communism Central Executive Committee, it has been present not only the process of reformation and openness but also one of legal systematic construction to increase its strength and accomplish continuously. The construction of legal system always enclosures the construction of economic system, at the same time, the legal reformation always follows the economic reformation, which is moving toward the marketed economy on and on. Law statures embodied the need of policy of government and ideology of party, which is the way to understand the change of legal system in China through inspecting legislation and its political purpose. Considering the change of legal system, which includes the theories of the Communism, political aspects of economic reformation in legal system of Mainland China, it have political function, political aim and necessity of legislation which are three immanent to meet the analysis of this dissertation. Quoted the definition of “change” from a famous socialist, named Nisbet, we try, by the experiment of China’s economic institution and law reformation, to research the process of adjustment both of them for accommodation each other of the legal system in the transformation of economic system of China with sequel of time. We also apply some answers as following questions mentioned both systems in conclusions of this dissertation. □How does political economy institution affect the immanent of legal system, when they have been transformed each other? □How to respond the globalization and adjust its methods to linking with the world of legal system from the process of planned economy to marketed economy? □How does its affection in the construction of China’s socialism when the transformation of economic system to match up the construction of legal system to achieve marketed economy with the world?