Evolution of the modern Chinese judicial and procuratorial system

Author: Zhang Peitian Zhang Hua
Publisher:
Publish Date: 2004-05-01
Features:
"Evolution of the Judicial and Prosecutorial Systems in Modern China" Introduction: In the life of human society, the legal system is characterized by guiding and compelling people to comply with it through state coercion, with the direct purpose of strengthening the rule or management of those in power. It plays a role in regulating various interests in society and maintaining the survival of a certain society. The judicial system is a part of the legal system of human society, functioning to achieve legislative goals, regulate law enforcement behavior, and resolve legal disputes and incidents, carrying out the implementation of the law through litigation, prosecution, and judgment. Unlike the cultural development of Western countries, the historical process of the five-thousand-year-old Chinese culture has formed and developed with the environment of the Yellow River and Yangtze River basins as the center, radiating outward. Any legal culture, legal system, and judicial system must inevitably go through a process of germination, growth, prevalence, and decline within a limited time and space. The ancient Chinese legal culture, legal system, and judicial system, which adapted to the self-sufficient natural agricultural economy and politics, were inferior and unable to compete with the colonial expansion of Western capitalism based on modern industrial civilization. The evolution of the judicial system in modern China, like the legal culture and legal system it relies on, has never been smooth on the path of modernization, accepting advanced Western legal culture and legal systems completely different from its own traditions. Since the rectification of chaos and the reform and opening-up, the mainstream ideology of modern Chinese society has been continuously liberated with the deepening discussion of "practice is the sole criterion for testing truth."