Access to Justice in China: Potentials, Limits, and Alternatives
The University of Hong Kong - Faculty of Law
September, 15 2009
There has been a “legislative explosion” in China in the past thirty years and a corresponding institutional development as a result of the growth of a cluster of reform-oriented legal institutions. Law reformers are developing a law-centric, court-centric, and lawyer-centric legal system. This agenda is limited and faces multiple challenges, including political challenges and challenges brought about by China’s social and economic transition. It is in this context that this paper discusses access to justice in China. Facing these challenges, the government is forced to re-consider the path of China’s legal reform and the importance and relevance of both “Western” experiences and the home-made alternatives. Indigenous values and systems are more resilient than given credit for in pushing back globalization. The paper, using access to lawyers and judges as examples, analyzes the tensions, dialogues, and compromises of different currents in China’s on-going legal reform.
Number of Pages in PDF File: 48
Keywords: china, lawyer, legal reform, court, judges, civil justice, legal aid, mediation, customs, access to justice
JEL Classification: K00, K40, K41, N45
Date posted: September 18, 2009