To fully understand the concept of civil justice, one must look at its origins from many different angles, including that of the historical perspective. When investigating the historical approach of civil justice and the law, it makes sense to compare and contrast different nations and their respective legal systems. One interesting example would be the Chinese and their and the study of how their legal system has changed and evolved over the country's existence.
Seeing as China has underwent many transformations over its history, its intriguing to examine its past as well as how its legal system has developed over time. Having different types of governments makes for an interesting mix of legal methods and techniques, which the Chinese have employed over their long and unique history. In order to study and completely understand the legal system of a nation, one must also comprehend the ideology of that nation as well
[...] There was a time in China where being involved in a lawsuit was a disgrace to a citizen and many tried to avoid it by settling for mediation. Since a key Chinese characteristic would be to “save the Chinese believe supervised mediation in labor disputes helps accomplish this. Law and civil justice were for the local magistrates and the common folk to resolve, with much of the population steering clear from getting involved. However, presently, law is considered a growth industry in China, with the move to a capitalist economy acting as a backbone. [...]
[...] And in the terms of Western theoretical discourse, a la Max Weber, Qing civil law must have been even more like the arbitrary “kadi justice” based on magisterial whims than “rational” modern law The Qing state would lead one to believe the civil disputes were so insignificant or trivial that they were mostly left up to local citizens themselves to settle. Taking a historical approach, case records illustrate that such disputes actually made up the majority of the caseloads of local courts. [...]
[...] However, the communist influence has not completely faded, as it can be still found within the Chinese legal system. The authority of communism can be felt today, as China lacks the freedom of speech or freedom of the press, and does not tolerate dissent. Authorities can arrest and imprison those who threaten the government's strength, and any group that dares to protest is treated brutally. Within the justice system, there are no civil liberties, no labor unions, and no centers of political power outside the communist party. [...]
[...] In the past, it was believed that capitalism couldn't survive without a democratic nation supporting it, however China is challenging that notion and not looking back. Although the new legal system certainly has its advantages, there are many in China who are hesitant to believe it is doing much good for the country. Wide Angle, in its attempt to capture the general consensus of the citizen's feelings for the new justice system, came to the conclusion that almost three quarters of the Chinese population think government officials are corrupt. [...]
[...] When multiple court sessions were involved, the record can become quite bulky and run to hundreds of sheets In contrast, cases from the Republican period included the same facts and details as that of Qing cases, however, added a shorthand recording of the court sitting, as well as inserting a “detailed formal “judgment” that summarizes the representations made by the litigants, the judge's view of the facts of the case, and the legal basis for his decision Although it can be noted that during the Republican period changes were made to the justice system throughout China, the urban areas felt the largest transformation, while the small villages and towns continued to promote mediation to resolve civil matters. [...]
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