Law of Asia
Encyclopedia
Law
in Asia
is undergoing rapid change and modernisation, especially given the economic growth in China
and India
. Asian countries share a substantial heritage with European law, whilst keeping their own distinct identity.
Ancient China
and ancient India
had historically independent schools of legal theory and practice such as the Laws of Manu or the Arthashastra
in India and traditional Chinese law
in China. Because Germany
was a rising power in the late 19th century, and codified civil law
is more 'exportable' than large bodies of common law jurisprudence, the German Civil Code has been highly influential for most oriental legal systems, and forms the basis of civil law in Japan
and South Korea
. In China
, the German Civil Code was introduced in the later years of the Qing Dynasty
and formed the basis of the law of the Republic of China
which remains in force in Taiwan
. The current legal infrastructure in the People's Republic of China
reflects influences from the German-based civil law, English-based common law in Hong Kong, Soviet-influenced Socialist law
, United States-style banking and securities law, and traditional Chinese law
. In India, and other previous members of the Commonwealth
, English common law forms the basis of private law.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
is undergoing rapid change and modernisation, especially given the economic growth in China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
and India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. Asian countries share a substantial heritage with European law, whilst keeping their own distinct identity.
History
History of China
Chinese civilization originated in various regional centers along both the Yellow River and the Yangtze River valleys in the Neolithic era, but the Yellow River is said to be the Cradle of Chinese Civilization. With thousands of years of continuous history, China is one of the world's oldest...
and ancient India
History of India
The history of India begins with evidence of human activity of Homo sapiens as long as 75,000 years ago, or with earlier hominids including Homo erectus from about 500,000 years ago. The Indus Valley Civilization, which spread and flourished in the northwestern part of the Indian subcontinent from...
had historically independent schools of legal theory and practice such as the Laws of Manu or the Arthashastra
Arthashastra
The Arthashastra is an ancient Indian treatise on statecraft, economic policy and military strategy which identifies its author by the names Kautilya and , who are traditionally identified with The Arthashastra (IAST: Arthaśāstra) is an ancient Indian treatise on statecraft, economic policy and...
in India and traditional Chinese law
Traditional Chinese law
Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BC...
in China. Because Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
was a rising power in the late 19th century, and codified civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
is more 'exportable' than large bodies of common law jurisprudence, the German Civil Code has been highly influential for most oriental legal systems, and forms the basis of civil law in Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
. In China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, the German Civil Code was introduced in the later years of the Qing Dynasty
Qing Dynasty
The Qing Dynasty was the last dynasty of China, ruling from 1644 to 1912 with a brief, abortive restoration in 1917. It was preceded by the Ming Dynasty and followed by the Republic of China....
and formed the basis of the law of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
which remains in force in Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
. The current legal infrastructure in the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
reflects influences from the German-based civil law, English-based common law in Hong Kong, Soviet-influenced Socialist law
Socialist law
Socialist law denotes a general type of legal system which has been used in communist and formerly communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a...
, United States-style banking and securities law, and traditional Chinese law
Traditional Chinese law
Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BC...
. In India, and other previous members of the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
, English common law forms the basis of private law.
Countries
- Law of AfghanistanLaw of AfghanistanThe legal system of Afghanistan consists of Islamic, statutory and customary rules. It has developed over centuries and is currently changing in the context of the reconstruction of the Afghan state. The supreme law of the land is the Constitution of the Islamic Republic Afghanistan of 2004. Beside...
- Law of ArmeniaLaw of ArmeniaThe law of Armenia is enforced by the Police Service. The right of return is specified in the law of Armenia under Article 14 of the Constitution of the Republic of Armenia , which provides that "[i]Individuals of Armenian origin shall acquire citizenship of the Republic of Armenia through a...
- Law of AzerbaijanLaw of AzerbaijanThe legal system of Azerbaijan is based around civil law. As the country was a republic of the Soviet Union until 1991, its legal history has also been influenced heavily by socialist law.-Criminal law:...
- Law of BahrainLaw of BahrainThe Law of Bahrain is set out in its constitution. Several controversial laws have been passed in the history of the country. The State Security Law of 1974, for example, was used by the government to crush political unrest from 1974 until 2001...
- Law of BangladeshLaw of BangladeshThe Law of Bangladesh is primarily in accordance with the English legal system although since 1947, the legal scenario and the laws of Bangladesh have drifted far from the West owing to differences in socio-cultural values and religious guidelines...
- Law of BhutanLaw of BhutanThe law of Bhutan derives mainly from legislation and treaties. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic Tsa Yig legal code, and was heavily influenced through the twentieth century by English...
- Law of Brunei
- Law of Cambodia
- Law of ChinaChinese lawChinese law is one of the oldest legal traditions in the world. In the 20th and 21st century, law in China has been a complex mix of traditional Chinese approaches and Western influences....
- Law of the People's Republic of ChinaLaw of the People's Republic of ChinaLaw of the People's Republic of China is the legal regime of the People's Republic of China, with the separate legal traditions and systems of Mainland China, Hong Kong, and Macau....
- Law of Hong Kong
- Law of Macau
- Law of the Republic of ChinaLaw of the Republic of ChinaLaw of the Republic of China is mainly based on the civil law system. The legal structure is codified into the Six Codes:#the Constitution #the Civil Code #the Code of Civil Procedure and associated laws#the Criminal Code...
(Taiwan) - Law of Cyprus
- Law of East TimorLaw of East TimorThe law of East Timor is based on the laws of Indonesia, as was determined by the United Nations. While laws were originally published only in English, the government began enacting law solely in Portuguese in 2002. For this reason, East Timorese laws are now written in English, Portuguese, and...
- Law of Georgia
- Law of India
- Law of IndonesiaLaw of IndonesiaLaw of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. Before the Dutch colonization in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat...
- Law of Iran
- Law of IraqLaw of IraqThe Republic of Iraq's legal system is in a period of transition in light of the 2003 invasion that led to the fall of the Baath Party. Iraq does have a written constitution, as well as a civil, criminal and personal status law...
- Law of Israel
- Law of the Palestinian territories
- Law of Japan
- Law of Jordan
- Law of Kazakhstan
- Law of North Korea
- Law of South Korea
- Law of Kuwait
- Law of Kyrgyzstan
- Law of LaosLaw of Laos-Civil Liberties and Human Rights:The criminal justice system is controlled by the party and the government. There are few legal restraints on the often arbitrary actions, including arrests, by the government, and dissent is handled by suppressing basic civil rights...
- Law of Lebanon
- Law of MalaysiaLaw of MalaysiaThe law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework...
- Law of Maldives
- Law of Mongolia
- Law of Myanmar
- Law of Nepal
- Law of Oman
- Law of PakistanLaw of PakistanThe Law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales...
- Law of the Philippines
- Law of Qatar
- Law of Russia
- Law of Saudi Arabia
- Law of SingaporeLaw of SingaporeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
- Law of Sri Lanka
- Law of Syria
- Law of Tajikistan
- Law of ThailandLaw of ThailandThe law of Thailand is based on the civil law, but has influence from common law .-Sources of Law:The principle law sources in Thailand are:* Constitution of Thailand - prevails over other laws...
- Law of Turkey
- Law of Turkmenistan
- Law of United Arab Emirates
- Law of Uzbekistan
- Law of Vietnam
- Law of Yemen
See also
- Legal systems of the worldLegal systems of the worldThe legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...