Intellectual Property Rights in China
Part 3 of 4

China’s legal and political systems evolved out of a set of historical experiences much different than those of western civilization. From ancient Greek and Roman times, through the Enlightenment and the political revolutions it influenced, the west has developed strong traditions of law and individual rights. The Rule of Law, which holds that laws are based upon fundamental principles from which no individual is exempt, is something most people in Western Europe and North America take for granted.  The case in China is much different. Although the concept of universal laws and principles—known as Legalism—was introduced early in Chinese imperial history during the Qin Dynasty, the harshness and corruption of that dynasty did a lot to discredit it. The Confucianism that replaced this system stressed relationships and the modeling of proper behavior rather than dependence upon universally applied rules and punishments. In encouraging people to be respectful and upright Confucianism also reinforced social inequalities and hierarchies. The order of the family was placed above the prerogatives of individuals and its proper functioning was the key to regulating the vast Chinese Empire. 

Thus the inalienable rights Jefferson wrote about in the Declaration of Independence do not exist in Chinese traditions. A comparison of China and the West’s political histories reveals the following dichotomies: