Northwestern University Law Review (Volume 8, Issue 1, 2007)

Author: Editorial Committee of "Peking University Law Review"
Publisher:
Publish Date: 2007-01-01
Features: This issue of the Review includes three sections: "Theme Symposium," "Papers," and "Commentaries." The People's is a participatory adjudication system with Chinese characteristics. Whether in its historical evolution or practical operation, it differs from both the jury system of the common law system and the lay adjudication system of the civil law system. In China, its formation and development have fluctuated with the political and judicial conditions of the time. Over the past two decades, China's legal system has gradually moved onto the right track, but the People's, as a judicial system, has been declining. The 2004 "Decision of the Standing Committee of the National People's Congress on the People's System" is largely equivalent to a "Law on People's," and the People's, as part of judicial reform, seems to be gaining new vitality. However, "law in action" has always existed in contrast to "law on the books," and the reality will not easily improve with a mere piece of legislation. So, how does this system actually operate in practice? This question not only has practical value in resolving disputes but also holds significant theoretical importance.