Introduction to the Judicial System

Author: Fan Yu, Editor-in-Chief
Publisher:
Publishing Date: 2004-01-01
Features:
Preface: With the turn of the century, the complex and ever-changing 20th century is drawing to a close, and the dawn of the 21st century has arrived. At this pivotal moment of transition between centuries and millennia, as we reflect on the extraordinary yet uneven journey of human society, we are both delighted by the glorious achievements of human civilization and weighed down by the difficulties of social progress. Since we humans began to shed our animalistic ways, engaging in creative labor with our hands and using our unique spiritual capacity for thought, we have continuously transformed the objective world, creating a magnificent material civilization, while also exploring the subjective world of humanity. Gradually, we have developed a series of spiritual norms—such as philosophical thought, ethics, religious beliefs, and customs—that uphold moral values and maintain a certain social order. Moreover, we have created a profound and intricate legal system with subtle principles.
It can be said that among the various spiritual and cultural achievements created by humanity, the legal system is a particularly unique social phenomenon. As a product of human intellect, the legal system often vividly reflects the thoughts and actions of humanity in its understanding of itself, regulation of society, and pursuit of development. The legal system serves as an adjuster of the real world, a powerful lever that confirms different social statuses through state coercion. It originates from real life and genuinely reflects the demands of reality. Therefore, through the legal system of a nation, a people, or an era, we can clearly observe the thoughts and perspectives of the time regarding people, society, the relationship between people, social organization, and various philosophical and religious aspects. At the same time, the legal system is a social norm with state coercion and binding force. It regulates and demands the speech or actions of members of society in a clear manner, thus clearly reflecting the specific requirements and restrictions placed on different individuals at various historical stages of human development. Consequently, the evolution of the legal system also reveals the historical trajectory of humanity's continuous growth and refinement.
The millennia-long history of state civilization in human society has irrefutably proven that the legal system is a vital tool for maintaining society, regulating social relationships, and ensuring social stability. At the same time, the continuous improvement of the legal system is also a clear manifestation of the progress of human civilization. Due to differences in developmental paths and cultural backgrounds, Eastern societies and Western worlds have held vastly different understandings, interpretations, and conceptions of the significance and essence of law. However, in their respective development processes, both have placed considerable emphasis on the formulation and refinement of laws. Although ancient China was regarded as a "rule-of-etiquette" society and a "rule-by-man" world, the existence of numerous outstanding written legal codes—from the Fa Jing to the Tanglü Shuyi and the Da Qing Lü Li—fully demonstrated the prominent position of written statutes in ancient Chinese society. The only difference is that the spirit and purpose of these written legal systems differed greatly from modern legal civilization.
By the early 20th century, with the influx of Western influences and the acceleration of East-West cultural exchange, Chinese society began transitioning from its ancient, traditional system to modern civilization. The establishment of a sound, modern legal system aligned with rational spirit became a consensus in contemporary society. Precisely because of this, over the past few centuries, legal reform movements have flourished in both Western and Eastern major countries, rising and falling with the tides of social change.
Historically, the civilization and progress of law depend on numerous social factors. The histories of both Eastern and Western legal development have fully demonstrated that law is a practical science. The driving force behind the advancement of legal civilization is the realities of social life, as well as political, economic, and socio-cultural changes. At the same time, law is also a highly specialized science. The development of legal content and legal technology often relies on the research and efforts of a large number of legal experts and more broadly, socially educated members of the public. From this perspective, the development of legal education and legal research holds exceptional importance for the progress of legal civilization. Precisely because of this, legal education and legal research have begun to occupy an increasingly significant position in the national education system and the scientific research system of modern countries.
The modern sense of legal education and legal research in China originated in the late Qing Dynasty over a century ago. In 1895, the Tianjin University College, which opened in the 21st year of the Guangxu reign (1895 AD), first established a law department and enrolled students. Although its scale was small, it can still be considered one of China's earliest modern legal education institutions. Three years later, the renowned modern Chinese thinker Liang Qichao, known as the "pride of the reform movement," published an article titled On the Necessity of Studying Law in China in Hunan's Xiangbao, using his typically passionate and infectious prose to call for the importance of legal studies, the invention of law, and the pursuit of legal knowledge. Liang was a pioneering intellectual in the late Qing Dynasty, and in his brilliant academic career, although law was not his primary field, he keenly foresaw the future development of legal research and legal education in China.
Several years later, under internal and external pressures, the Qing government was forced to announce the implementation of the "New Policies" and promote legal reform. A group of insightful figures, led by Shen Jiabao, the Minister of Legal Revision, translated numerous Western legal works, introduced Western legal concepts, and moderately transformed China's traditional legal system while also advancing the early stages of legal education and legal research in China.
At the beginning of the 20th century, the three earliest universities in China—North China University, Imperial University, and Shanxi University College—all established law departments or legal disciplines, aiming to "correct the direction and cultivate versatile talents." In 1906, at the request of Shen Jiabao, the Minister of Legal Revision, and Wu Tingfang, the Qing government officially established the Jingshi Law College in Beijing as China's first dedicated legal education institution. The following year, another legal college—the Imperial University Law College, directly under the Ministry of Education—also began enrolling students. The establishment of these university law departments and legal colleges marked the beginning of formal, specialized legal education in modern Chinese history.
Since the late Qing Dynasty, Chinese legal education, as an important component of the legal profession, has also undergone a tortuous and uneven development journey alongside the twists and turns of Chinese society. For most of the 20th century, Chinese society was filled with various contradictions and struggles. Under the heavy pressure of foreign invasions and national peril, the Chinese people devoted immense effort and paid a heavy price in search of a development path suited to China's conditions. Objectively, prolonged social unrest and frequent political changes had a significant negative impact on China's legal system and the advancement of its legal cause, nearly destroying legal education and legal research.
It was not until the late 1970s, with the end of the "Cultural Revolution," that Chinese society recovered from its political trauma and began to rationally reassess its past and plan for the future of the nation and society, entering a period of long-term stability and development. Against this backdrop, Chinese legal education seized unprecedented opportunities for development in the last two decades of the 20th century.
At a macro level, after 20 years of effort, the achievements of China's legal education system have been remarkable. First, after the ideological liberation movement of "emancipating the mind and seeking truth from facts," extreme-left ideology and the influence of Soviet legal models were swiftly eradicated in the Chinese legal community. Building a socialist rule-of-law state in line with China's national conditions became a consensus for the nation, laying a solid ideological foundation for the development of legal research and legal education. Second, as legal taboos were gradually broken and legal research deepened, a preliminary, well-established legal discipline system has been developed. Theoretical law and departmental law have each formed relatively systematic and mature theoretical systems and academic frameworks. Some sub-disciplines and marginal disciplines of law have also gradually taken shape as legal research deepened. In 1997, the national education authorities made another major adjustment to the existing professional catalogues, deciding to establish only a single law major for undergraduate studies starting in 1999, thereby making the layout of the law discipline more scientific and rational. At the same time, based on thorough deliberation, 14 core courses for undergraduate legal education were determined, supplemented by other compulsory and elective courses, forming a teaching system that emphasizes both tradition and innovation, capable of meeting the basic needs of national and social development.
Third, the scale of legal education expanded rapidly, with increasingly complete levels and a more rational structure. Preliminary statistics show that currently, over 330 ordinary universities in China have established law departments or legal programs, with more than 60,000 students enrolled. In addition to undergraduates, in some key universities and renowned law departments, the cultivation of master's and doctoral students in law has become a priority.
It is well known that the progress of law and the perfection of the legal system are comprehensive social projects. On one hand, the development of social relationships, changes in national politics, economy, and social life provide the driving force and social soil for the progress and evolution of law. On the other hand, the development of legal education and legal research directly promotes the process of legal progress. At the same time, the enhancement of public legal awareness and legal quality is the key and decisive factor in achieving the ideal of a rule-of-law state. Among the several critical links related to legal progress—such as social development, legal education, and legal research—legal education undoubtedly occupies a central and foundational position.
The past 20 years of Chinese legal education have been inspiring, and the achievements are worthy of pride. With the development of the nation and the progress of society, in the 21st century that is about to arrive, we will face even greater challenges and brighter prospects. "Building world-class legal education" is a task of great weight and responsibility.
First, law is built upon the economic base as a superstructure, and as a discipline that studies the legal system, law is highly practical. The development and changes of social life will inevitably impose new demands on legal education and legal research. After 20 years of struggle, China has successfully achieved its stage goals of reform and opening up. However, as reform and opening-up deepens, some deep-seated issues of the nation and society have emerged, such as the establishment of a true socialist market economy order, the reform of state-owned enterprise systems, the improvement of the political system, the reconstruction of universal moral values, and the reasonable use of environmental protection and natural resources. The resolution of these complex issues will undoubtedly ultimately depend on the perfection of the legal system. Establishing a complete and reasonable legal system is, of course, a vast social project that requires the wisdom and effort of the entire nation. The foundational work, such as theoretical argumentation, framework design, formulation of specific norms, and corrective measures in legal implementation, relies on the continuous deepening of legal research and the cultivation of high-quality social talents, especially legal professionals, while the task of cultivating legal professionals falls directly to legal education.
Second, the 21st century will be a century of diversification. The information technology revolution that occurred in the mid-20th century is profoundly transforming our world. The development of modern science and technology, especially computer network information technology, has fundamentally changed traditional lifestyles and ideological concepts, giving rise to many problems humanity has never faced before. In terms of legal education, the 21st century will not only bring challenges in the diversification of teaching content and research subjects but also in the diversification of training objectives, training methods, and teaching approaches. These issues require the legal community to think deeply and explore.
The Law School of Renmin University of China was established in 1950 and is the first formal higher education institution for legal studies founded after the founding of New China. Over half a century, the Law School of Renmin University of China has, with its strong academic strength, rigorous and pragmatic academic atmosphere, high-quality teaching standards, and fruitful academic research, held a leading position in the field of legal education in China and has begun to rank among the world's renowned law schools. Preliminary statistics show that the Law School of Renmin University of China has cultivated over 10,000 undergraduate, master's, and doctoral students in law and more than 300,000 adult law students.
After years of effort, the Law School of Renmin University of China has formed distinct academic advantages. Among its current faculty, there are both seasoned scholars with high prestige both domestically and internationally, as well as a large number of outstanding academic middle-tiers who have grown since the reform and opening-up. These legal experts, both young and old, have long been dedicated to the study of legal theory while actively participating in national legislative and judicial practice, contributing significantly to the development of the nation's legal system.
In light of this, the Law School of Renmin University of China and Renmin University of China Press, after careful deliberation and negotiation, have decided to combine the academic strengths of the Law School with the publishing power of the Press to publish this series of "21st Century Legal Education Textbooks." This series includes 14 core course textbooks written according to the core courses determined by the Ministry of Education and the Basic Requirements for Core Courses in Law at Higher Education Institutions in China, as well as textbooks in various fields of law and emerging disciplines, and several case study books, totaling 50 volumes.
We envision that the writing of this series of textbooks will pay greater attention to the reasonable combination of "high standards" and "applicability." First, this series of textbooks will be led by academic leaders of influential disciplines at the Law School of Renmin University of China, inviting outstanding scholars from universities across the country to form a writing team with strong academic capabilities. At the same time, when writing the textbooks, we will pay attention to incorporating the latest academic achievements of Chinese legal research since the reform and opening-up, as well as the latest trends in international academic development, striving to ensure that the content of the textbooks stays at the academic forefront of the early 21st century, reflecting mature theories in each discipline and the level of Chinese law in the late 20th century.
Second, this series of textbooks is primarily intended for undergraduate legal education. Therefore, when writing the textbooks, we will focus on combining academic rigor, novelty, and readability, using vivid cases and clear, fluent language to explain legal theories and systems. We hope and believe that through the efforts of the organizers, writers, and publishers of this textbook, we can systematically introduce modern judicial principles and specific systems to legal students. The content includes: the concept and functions of modern justice; the common principles and development trends of contemporary global justice; the main judicial systems and basic models of various countries, as well as the basic content and reform and development of China's judicial system. It elaborates on the various fundamental components of justice: judicial systems, judicial organizations (including courts, procuratorates, and police systems), the legal profession system, judicial administrative systems, prison systems, and labor re-education systems, as well as legal education and training. In terms of judicial procedures and dispute resolution, it provides a brief introduction to various basic judicial procedures, the legal aid system, and non-litigious procedures.
Finally, the book examines the social environment of judicial operations, judicial supervision, and judicial reform issues.