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8 - Local Courts in Western China

The Quest for Independence and Dignity

Published online by Cambridge University Press:  05 June 2012

Randall Peerenboom
Affiliation:
La Trobe University, Victoria
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Summary

All justice emanates from the King. It is administered in his name by the justice whom he nominates, and whom he institutes.

– A constitutional adage in France until the 1830 Constitutional Charter

INTRODUCTION

In the north-central province of Shaanxi, as I was waiting to interview a judge, I noticed a small exercise book on his office desk. The same sort of notebook, brown and cheap, that Chinese children use for their homework. To start the conversation, I gently asked what he used the notebook for and was told that it was for his political homework assignments. The last page the judge had filled in was a handwritten copy of the Charter of the Chinese Communist Party (CCP).

As I decided to further explore the issue of grassroots judges' political culture in predominantly rural areas, I observed that although most of them share similar political and intellectual references, they do not have a strong common legal culture. For example, most of them believe that one-party rule is the key to stability, that party members are the elite of the country, that law's main goal is to be punitive, that the state constitution is purely ornamental, that judges are above all civil servants, and that the judiciary must be supervised by the people's congresses. Those recurrent political references reflect the judges' knowledge of the world. Put differently, their legal backgrounds appear highly politicized.

Type
Chapter
Information
Judicial Independence in China
Lessons for Global Rule of Law Promotion
, pp. 154 - 179
Publisher: Cambridge University Press
Print publication year: 2009

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References

Wei, Ding, Jiceng Sifa De Kunjing Jiqi Biange, Yi Qinzhen Renmin Fating De “Tebei Xietiaoyuan” Weili [Judicial Predicament and the Reform of Basic People's Courts: An Empirical Study on the Judicial Procedure], vol. 2, (Beijing: China Legal Publishing House, 2007)Google Scholar
Xiaoli, Zhao, “Guanxi/Shijian, Xingdong Celue He Falu De Xushi” [“Relation/Event, Strategy of Action, and Narration of Law”], in Xiangtu Shehui De Gongzheng, Zhixu Yu Quanwei [Justice, Order, and Authority of Rural Society, (Beijing: China University of Political Science and Law Press, 1997)Google Scholar
Chenguang, Wang., Nongcun Fazhi Xianzhuang, Laizi Qinghua Xuesheng De Shijiao [The Rule of Law in Rural Areas, In the Eyes of Tsinghua Students], (Beijing: Social Sciences Academic Press China, 2006)Google Scholar
Goffman, Erving, The Presentation of Self in Everyday Life (New York: Doubleday, 1959)Google Scholar
Jingwen, Zhu ed., Zhongguo Falü Fazhan Baogao (1979–2004) [China Legal Development Report (1979–2004)], (Beijing: People's University Press: 2007), pp. 347–348
Balme, Stéphanie and Yaqin, Wang, Ni Dui Falv Liaojie Duoshao [What do you know about Law and Justice?], (Nanjing: Nanjing Normal University Press, 2009)Google Scholar
Chen, Jianfu. eds., Implementation of Law in the People's Republic of China (The Hague/Boston/London: Kluwer Law International, 2002), p. 100

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