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Civil justice in China

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General public
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economics
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University...

About the document

Matthew J.
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documents in English
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presentations
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5 pages
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General public
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  1. Introduction.
    1. The concept of civil justice.
    2. Mix of legal methods and techniques.
    3. Analyzing China's legal system throughout it's past.
  2. The Qing state.
    1. Civil disputes were so insignificant - left up to local citizens themselves to settle.
    2. Local magistrates, acted as more as mediators rather than judges during civil quarrels.
    3. The comparisons between the Qing court, the Republican court and the current Communist government justice system.
  3. The difference between civil matters and criminal matters in China
  4. The series Wide Angle on PBS.
  5. The downfall of the new justice system.
  6. The new legal system.
  7. Conclusion.

To fully understand the concept of civil justice, one must look at its origins from many different angles, including that of the historical perspective. When investigating the historical approach of civil justice and the law, it makes sense to compare and contrast different nations and their respective legal systems. One interesting example would be the Chinese and their and the study of how their legal system has changed and evolved over the country's existence.

Seeing as China has underwent many transformations over its history, its intriguing to examine its past as well as how its legal system has developed over time. Having different types of governments makes for an interesting mix of legal methods and techniques, which the Chinese have employed over their long and unique history. In order to study and completely understand the legal system of a nation, one must also comprehend the ideology of that nation as well

[...] There was a time in China where being involved in a lawsuit was a disgrace to a citizen and many tried to avoid it by settling for mediation. Since a key Chinese characteristic would be to ?save the Chinese believe supervised mediation in labor disputes helps accomplish this. Law and civil justice were for the local magistrates and the common folk to resolve, with much of the population steering clear from getting involved. However, presently, law is considered a growth industry in China, with the move to a capitalist economy acting as a backbone. [...]


[...] And in the terms of Western theoretical discourse, a la Max Weber, Qing civil law must have been even more like the arbitrary ?kadi justice? based on magisterial whims than ?rational? modern law The Qing state would lead one to believe the civil disputes were so insignificant or trivial that they were mostly left up to local citizens themselves to settle. Taking a historical approach, case records illustrate that such disputes actually made up the majority of the caseloads of local courts. [...]


[...] After investigating the courts in China, White Angle concluded that although the justice system was intended to be fair, nearly all the judges were part of the Communist party, which leads to the idea that the court is just an extension of the party's beliefs and ideologies. The fact that government party officials are able to intervene in a trial makes that notion even more popular within the citizens of the country. Since much of the Chinese population resides in rural areas that do not include courthouses where citizens can have their lawsuits heard, the Chinese are using two methods to extend their new legal system so that all of their country can apply the law. [...]

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