Right, Power, and Faquanism : A Practical Legal Theory from Contemporary China

Right, Power, and Faquanism : A Practical Legal Theory from Contemporary China

Author
Zhiwei Tong
Publisher
BRILL
Language
English
Edition
1
Year
2018
Page
415
ISBN
9789004381285,9789004381278
File Type
pdf
File Size
1.6 MiB

In Right, Power, And Faquanism, Tong Zhiwei Proposes That Right And Power Are Ultimately A Unified Entity Which Can Be Named Faquan, And That The Purpose Of Law Should Be To Establish A Balanced Faquan Structure And To Promote Its Preservation And Proliferation. Faquan Is Thus A Jurisprudential Category Reflecting The Understanding Of The Unity Of Right And Power. It Has Interest Protected By The Law And Property With Defined Ownership As Its Content, And Manifests Itself As The External Forms Of Jural Right, Freedom, Liberty, Jural Power, Public Function, Authority, Competence, Privilege, And Immunity, Etc. Faquanism Relies Mainly On Six Basic Concepts (faquan, Right, Power, Quan, Residual Quan And Duty) To Analyze The Content Of Interests And Property In All Legal Phenomena. Introduction -- Investigation And Reflection On Fundamental Propositions Of Traditional Legal Studies Of China -- The Fundamentals Of Faquanism -- Faquanist Theory Of The Center Of Law -- Methodological Foundation Of Faquanism -- Interpretative Framework Of Legal Phenomena Of Faquanism. Tong Zhiwei ; Translated By Xu Ping. Includes Bibliographical References (pages 369-382) And Index.

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