Courts and judicial transformation in modern China

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Summary The Daliyuan and the local courts in the late Qing dynasty served as the loci of judicial power in the early days of modern China. Following the doctrine of separation of powers, these judicial organs emerged during the preparation for constitutionalism and the quest for judicial independence in the late Qing dynasty. The government brushed aside the standard design of the government office, drawing inspiration from the designs of the highest courts in constitutional states in the East and West. Despite the financial constraints, significant funding was allocated to the construction of the Daliyuan premises. The grand and majestic Western-style structure was designed for high purposes. In addition to its customary functions, it was also entrusted with a political mission – impressing the world writ large with the successes of judicial reform and the image of China’s new-fangled judiciary. Due to a lack of funding, the local courts had downsized architecture, yet they still incorporated Western styles, mirroring the design of the Daliyuan. The transformed style of these courts offers insight into the prevailing philosophy of the reform and the new regime. It also illuminates the tension and fusion of legal culture that contributed to the modernization of the Chinese legal system.