Wednesday, September 25, 2019

In line with China's economic reform, the Chinese judiciary has Essay

In line with China's economic reform, the Chinese judiciary has undergone formalization and institutionalization. What are the - Essay Example It is necessary to mention that China has experienced numerous transformations during the past two decades. An important trigger of judicial system transformation was the upheaval of China’s economics. China’s reform in the judiciary system is triggered by two main factors. The first factor is protecting China’s nation and proving to Chinese people that they are in safety; thus a social stability is guaranteed. The second factor is a market economy would experience a better development under the influence of a credible legal system. Therefore there is a strong background of judiciary system development in China. Nevertheless there are advantages and disadvantages that occurred in the result of the reform introduction. An intention of China to hold a world’s leading position enabled its people to have more contacts with the international society. As a result, a social dislocation instead of a reserved social system occurred in China (Chow, 2009). The matter of human rights is often neglected in different countries because of imperfection of a judiciary system. ... A brief overview of China's Judicial System In historical context, Chinese judicial system has experienced four main periods of changes. During the period of the Communist Party governing (1949 -1956) the main goal was to create a â€Å"socialist legal system† (Kamis, 1997). Further on, in 1954, â€Å"the Organic Law of the People's Courts of the People's Republic of China† was introduced in China. After this period, the people’s courts consisted from: â€Å"the Supreme People's Court, the higher people's courts, the intermediate people's courts, and the basic people's courts† (China’s Judicial Reform, 2001). During the next 10 years (1956 -1966) the legal system in China couldn’t develop properly due to the activities of representatives of the 'Anti-Rightist Movement' and the like organizations. The next decade (1966 – 1976) was marked by a Cultural Revolution in China and has essentially broken under the influence of the revolutionar y processes. Starting from 1979 China has experienced a rapid growth of marketing sector because of high-speed economic development. There was a gradual development of a judiciary system and different people courts were established in China. Therefore, it is clearly seen that judiciary system of China has no options for self-perfection because of historical processes in this country. Therefore there is an urgent need in the reform of judiciary system in order to ‘smooth the sharp corners’. People's courts were wide-spread at different levels and gave hearings to criminal and civil cases. The SPC and the courts of the higher level deal with various cases (both criminal and civil ones). The main role of SPC is to supervise the compliance with the

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