Adversarial Legalism: Anglo-American Litigation Tradition and Chinese Trial Methods

Author: Zhang Jianwei
Publisher:
Publish Date: 2005-10-01
Features: Judicial competition is the essence of adversarial litigation. Judicial competitionism views litigation as a competition conducted by the parties under the mediation of a neutral judge, aiming to discover the truth of the facts and render fair judgments through the confrontation between the parties. This book explores judicial competitionism and China's trial methods, elaborating on issues such as the Americanization of trial methods globally, the process of introducing Anglo-American legal systems in China, the prerequisites for judicial competition, the characteristics of Chinese culture, and the impact of China's harmonious culture on the operation of trial systems. The book's unique feature is its interpretation of competitive trial methods from a cultural perspective, analyzing the technical issues involved in this method and offering original insights into the characteristics of China's litigation legal culture and the feasibility of borrowing from the adversarial litigation systems of Anglo-American countries. The book combines theoretical analysis with evaluations of individual systems, making it valuable for legislative, judicial, and academic research.