Accession Number : ADA262145


Title :   Changes in the Legal System of the People's Republic of China and the Projected Impact on National Security of the United States


Descriptive Note : Research paper


Corporate Author : INDUSTRIAL COLL OF THE ARMED FORCES WASHINGTON DC


Personal Author(s) : Kelbaugh, Paul C


Full Text : https://apps.dtic.mil/dtic/tr/fulltext/u2/a262145.pdf


Report Date : Apr 1992


Pagination or Media Count : 43


Abstract : There are significant similarities and stark differences between East and West in their respective approaches to law and its purpose in society. It is not enough to merely understand the differences between the two approaches to the law and its application to diverse societies. It is more important to realize that the legal system of the People's Republic of China (PRC) is slowly but significantly changing. These changes are subject to those influences that can impact upon other parts of the Chinese government and economic structure. The United States has the opportunity through careful application of national strategy to influence these changes in the law. This paper offers a brief overview of the history of the Chinese legal system, its place in the Chinese governmental organization, and the differences between the Chinese and Western concepts of law. Against this background, the fundamental issues of Chinese involvement in joint ventures with United States companies and Chinese developments in the area of human rights are discussed from a legalist approach. Armed with a basic understanding of the Chinese legal system and the theories upon which it is based, consideration is given to how U.S. national strategy options may be pursued relating to the People's Republic of China so as to develop an effective U.S. policy.


Descriptors :   *FOREIGN POLICY , *COMMERCE , *GOVERNMENT(FOREIGN) , *HISTORY , *CHINA , *LEGISLATION , *UNITED STATES GOVERNMENT , NATIONAL SECURITY , BACKGROUND , EAST WEST RELATIONS , APPROACH , PHILOSOPHY , TRANSITIONS , EVOLUTION(GENERAL) , TECHNOLOGY TRANSFER , FOREIGN TECHNOLOGY , STRATEGY , ECONOMICS


Subject Categories : Economics and Cost Analysis
      Government and Political Science
      Sociology and Law


Distribution Statement : APPROVED FOR PUBLIC RELEASE