LAW WITHOUT LAWYERS - A COMPARATIVE VIEW OF LAW IN CHINA AND THE UNITED STATES

• NCJ Number: 53250
• Author(s): V H LI
• Date Published: 1978
• Length: 113 pages
• Corporate Author: Westview Press, Inc
• Sale Source: Westview Press, Inc
• Publication Type: Survey (Cross-Cultural)
• Language: English
• Country: United States of America

Annotation

CHINESE AND AMERICAN VIEWS OF THE LAW AND THE WAYS IN WHICH THE TWO COUNTRIES SHAPE CONDUCT AND CONTROL DEVIANCE ARE COMPARED IN A BOOK DIRECTED TO LAY READERS AS WELL AS TO STUDENTS.

Abstract

PROBLEMS IN STUDYING CHINA AND BENEFITS TO BE DERIVED FROM COMPARING THE LEGAL SYSTEMS OF TWO SOCIETIES ARE POINTED OUT. THE AMERICAN EMPHASIS ON STABILITY IS CONTRASTED WITH THE CHINESE EMPHASIS ON CHANGE, AND THE WAYS IN WHICH THESE CONTRASTING EMPHASES ARE REFLECTED IN THE LEGAL SYSTEMS OF THE TWO COUNTRIES ARE NOTED. THE ANALYSIS GOES BEYOND COMPARING SPECIFIC RULES AND INSTITUTIONS TO EXPLORE QUESTIONS CONCERNING HOW CHINA AND THE UNITED STATES SHAPE AND CONTROL CONDUCT; I.E., HOW NORMS ARE ARTICULATED AND COMMUNICATED TO THE PUBLIC, HOW MEMBERS OF THE PUBLIC ARE CONVINCED TO ADHERE TO THE NORMS, WHAT IS DONE WITH PEOPLE WHO DEVIATE FROM THE NORMS, HOW THIS ENTIRE PROCESS IS MONITORED AND SUPERVISED. THE HISTORY OF THE LAW IN THE UNITED STATES AND IN CHINA IS TRACED. CHINA'S FORMAL CRIMINAL PROCESS IS DESCRIBED BRIEFLY. A CASE STUDY OF A CHINESE WORKER WHO WAS WRONGLY CONVICTED AND LATER EXONERATED IS PRESENTED AS AN ILLUSTRATION OF HOW THE CHINESE BRING TO LIGHT AND CORRECT THE IMPROPER ACTS OF OFFICIALS. SIMILARITIES AND DIFFERENCES BETWEEN THE AMERICAN AND CHINESE LEGAL SYSTEMS ARE BROUGHT OUT, AND THE COSTS AND BENEFITS ASSOCIATED WITH EACH SYSTEM ARE ASSESSED. ONE SIMILARITY IS THAT IN BOTH COUNTRIES PEER PRESSURE, SOCIAL CRITICISM, AND VARIOUS FORMS OF GROUP SELF-ENFORCEMENT PLAY A ROLE. SOME FUNDAMENTAL DIFFERENCES REFLECT DIFFERENCES IN PHILOSOPHICAL AND IDEOLOGICAL VALUE JUDGMENTS, PARTICULARLY WITH REGARD TO RELATIVE EMPHASES ON THE INDIVIDUAL AND THE GROUP. OTHER DIFFERENCES REFLECT THE FACT THAT THE LEGAL SYSTEMS IN CHINA AND THE UNITED STATES HAVE DEVELOPED IN DISSIMILAR WAYS. IN THE WEST, LAW HAS PLAYED AN IMPORTANT ROLE IN THE GOVERNANCE OF SOCIETY FOR CENTURIES, AND THE LAW AND LAWYERS ARE AN INFLUENTIAL PART OF CONTEMPORARY SOCIETY. THE OPPOSITE SITUATION PREVAILS IN CHINA, WHERE THE POPULATION OF OVER 800 MILLION INCLUDES ONLY 35,000 LAWYERS. (LKM)