The transformation of the Chinese judiciary from the traditional to the modern a study in judicial reform in revolutionary conditions

Abstract

This thesis researches and analyses on the judicial system and its position in the modern society with the methodologies of modernization theory, ideal type, functionalism and legal philosophy. Furthermore, it discusses and analyses the basic differences of value, mode and operation of the traditional and modern judicial systems. Consequently this research project advances and explains the view that China’s current judicial reform activity should be regarded as a continuation of the historical process of transformation of a traditional judiciary into a modern one. It identifies and discusses the practical incentives as well as impediments to judicial modernization in China. The research focuses on the essential structural requirements of a modern judicial system that is appropriate to China’s emerging free market economy, so that the judicial system could suit with the change and development of the society. Meanwhile it summarizes the experiences of the judicial reform in recent years in China and offers practical suggestions for the revision and improvement of the judicature, as well as to develop an appropriate model for judicial reform in China with the benefit of the historical experiences of other nations that have achieved stable and prosperous societies through democracy and liberal constitutionalism.