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Comparative Analysis of Asian Legal Systems: A Focus on China and Japan

This syllabus explores the dynamic legal systems of China and Japan, tracing their historical development from ancient times to modern reforms. It highlights key events such as China's Cultural Revolution, legal reform post-1979, and Japan's evolution from shogunate rule to democracy. The course delves into the influence of religion, especially Buddhism and Taoism in China, and examines current challenges relating to human rights. Students will engage in comparative assignments and presentations, enhancing understanding of the complexities within Asian legal frameworks.

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Comparative Analysis of Asian Legal Systems: A Focus on China and Japan

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  1. Comparative Law March 16 2006 Asian Legal Systems: China and Japan

  2. Chinese religions • Buddhism • Taoism

  3. Syllabus Update • Next Tuesday: Hindu Legal System assignment • Next Thursday: Chthonic Law assignment • Choose classes for presentations

  4. Peoples Republic of China • 1949 • Nationalize industry, land redistribuion • 1951 uprising in Tibet (1959 failed coup) • 1957 “Let a Hundred Flowers Bloom” • 1958 Great Leap Forward – a disaster

  5. Cultural Revolution • 1966 reaches Beijing university • Red Guards • Gang of Four (Jiang Qing) • 1976 Mao dies, arrest of Gang of Four

  6. Some reforms • Largely economic • Political reforms are slower to come • 1989 Tiannamen Square protests end in carnage

  7. Deng Xiaoping • In power from late 1970s to 1993 when Jiang Zemin took control

  8. Modern leader • Jiang stepped down officially in 2002 (but remains powerful behind the scenes) • Power passed to next generation of technocrats led by Hu Jintao

  9. Legal Reform Post 1979 • Promulgation of hundreds of laws and regulations, mainly economic • Legal reform became a government priority in the 1990s

  10. Continuing Importance of Mediation • Mediation committees resolve around 90% of China’s civil disputes and some minor criminal cases at no cost to the parties. • There are over 800,000 such committees in rural and urban areas

  11. Chinese Court System • 4 level court system • Supreme People’s Court • Higher People’s Courts • Intermediate People’s Courts • Basic People’s Courts • Many court proceedings are televised

  12. Chinese Legal Professionals • State legal workers who function under supervision of Ministry of Justice • Importance of and demand for legal services is on the incrase – a move towards lawyers engaging in private practice in their own offices (collectives)

  13. Chinese Law Schools • 3 year law courses • Curriculum has expanded recently • Semi-annutal bar examination is open to individuals who have completed university or correspondence law courses and have completed two years of judicial work. Candidates can then apply for a qualification certificate as a lawyer.

  14. Human Rights • China has acknowledged in principle the importance of protection of human rights • The government signed the International Covenant on Economic, Social and Cultural Rights and ratified it in 2001 • But human rights abuses are still a significant issue in China, especially regarding freedom of religion, assembly, speech, one child policy, arbitrary arrest and detention

  15. Japanese Legal System • Chinese influence

  16. Japanese History • Influence of China • Shogans hold actua power from 710 to 1867 • Contact with the West 1542 – followed by 200 year period of isolation until Convention of Kanagawa in 1854

  17. Effect of Western Contact

  18. Effect of Western Contact • End of shogunate – restoration of emperor (Meiji restoration of 1868) • Last unequal treaty removed in 1898 • Wars with China and Russia (over Korea) • World War I – fights on the side of the Allies • 1920s progress toward democratic system

  19. 1930s : Japanese Aggression • 1931 Invasion of Manchuria – puppet state of Manchukuo • 1933 resigns from League of Nations • 1937 Invasion of China

  20. World War II • Attack on Pearl Harbor • Nearly 4 years of war, loss of 3 millino f Japanese lives • Atomic bombings of Hiroshima and Nagasaki • Surrender September 2 1945 • Japan loses all overseas possession

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