Republic Of China - China Law Answers

July 15, 2007

What is china’s government

Filed under: China Law — Tags: People, Republic Of China, Types Of Government — china @ 12:12 pm

Joe asked:

I know that China is Communist but is doesn’t seem that way at all. They are leaning more towards the west and Capitalism. I mean they even have McDonalds there…

They are also known as the Peoples Republic of China. But a Republic is a government thats rules with law. (A democracy is by the people, oligarchy — ruled by few, etc…etc…) But communism is different than a republic, so why do they call themselves a republic?

So, to slim this question down to the basics:

Why is China considered communist?
Why do they call themselves a republic?
What is China’s actual government?

Also, correct me if I was wrong in anything I said. I believe I have a good understanding on how to differentiate between types of government but I could always wrong.

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April 15, 2005

Is the Republic of China the legal government of Taiwan?

Filed under: China Law — Tags: Japanese Peace Treaty, Republic Of China, Taiwan China — china @ 12:06 am

Overseas E asked:

What is the status of the Republic of China on Taiwan? It is confusing … When exactly was the sovereignty of “Formosa and the Pescadores” transferred to the Republic of China?

I can find no reference to such a transfer in the post-war peace treaty of San Francisco. At the same time, the Sino-Japanese Peace Treaty fully recognizes the provisions of that earlier treaty.

Did any of the Allies recognize any transfer of the sovereignty of Taiwan to China upon the surrender of Japanese troops on Oct. 25, 1945? I have been unable to find any documents confirming that.

Is there any basis under international law to say that the 1895 Treaty of Shimonoseki (ceding Taiwan to Japan) was invalid? There doesn’t seem to be. After all, in a 1936 interview with Chairman Mao, he referred to Taiwan as being part of the Empire of Japan.

Without a clear transfer of the title of Taiwan territory to the ROC, it would seem that Taiwan is not ROC national territory. Comments anyone?

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November 21, 2004

Edward Lehman guest on the 2007 NPC & CPPCC Sessions_part2

Filed under: Legally Video — Tags: Conjunction, Edward Lehman, Republic Of China — china @ 4:04 am

lehmanlawfirm asked:

Edward Lehman panelist on TV show related to Rule of Law By Law in China – Edward Lehman, managing partner of the firm Lehman, Lee & Xu, was invited as a panelist on CCTV International’s Special Coverage on the 2007 NPC & CPPCC Sessions, in the Dialogue: “Voices and Votes”. Edward was an in-studio guest along with Professor He Jiaohong of Renmin University, discussed on the Rule of Law by Law in conjunction with the annual meeting of the National People’s Congress, the highest organ of State power of the People’s Republic of China.

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