Advocates in China: History and modernity
DOI:
https://doi.org/10.21638/spbu25.2024.207Abstract
The article examines the historical development of advocacy in China and the role of lawyers in Chinese society, spanning from ancient times to the present day. Traditional Chinese society held a negative perception of legal processes and positive law. It was widely believed that individual interests should be subordinated to collective interests and seeking legal redress in court was seen as conflicting with the moral norms of “li”. Chinese officials typically sought to avoid resolving disputes through the judicial system, instead promoting mediation and pretrial dispute resolution. This negative perception of legal processes led to resistance against the activities of lawyers, with the profession being viewed disrespectfully by officials. Over time, a prevailing sentiment emerged among the public that advocates were more inclined to support the guilty party rather than defend the innocent. The advocate was widely seen as being biased, protecting criminals, and enabling them to avoid just punishment. Lawyers faced numerous obstacles in participating in legal proceedings and often encountered hindrances in providing advice to defendants, including instances of physical harm. After the establishment of the People’s Republic of China in 1949, the perception of advocates remained largely unchanged. The Chinese legal profession was effectively dismantled during the destructive political campaigns from 1958 to 1966 and began to reemerge only after the implementation of the “reform and openness” policy in 1978. Initially, lawyers were appointed as civil servants, but this status was later revoked. Despite long-standing skepticism towards advocates, the legal profession in modern China is gradually gaining popularity, although progress is slow and the overall number of advocates in China remains relatively small. They still hold a formal role in criminal proceedings, while the majority of cases seeking legal assistance from advocates are primarily related to civil proceedings. Even though the need for the existence of the advocacy is no longer denied, its significant role in modern China is still not fully recognized.
Keywords:
China, Chinese law, advocacy, process, legal regulation, traditional law, Confucianism, legalism
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References
Еrbakhaev, Eugene. A. 2020. The status of lawyers and legal counsel in the PRC and in the countries of Central Asia. Eurasian advocacy 1: 40–49. (In Russian)
Gudoshnikov, Leonid M. (Ed.) 1984. People’s Republic of China. Constitution and legislative acts. Moscow, Progress. (In Russian)
Krymov, Afanasy G., Shafira, Mark A. (Eds) 1959. Constitution and main legislative acts of the People’s Republic of China (1954–1958). Translation from Chinese. Мoscow, Zarubezhnaia literatura. (In Russian)
Kovalev, Evgeniy F. (Ed.). 1952. Legislative acts of the People’s Republic of China. Transl. from Chinese. Moscow, Zarubezhnaia literatura. (In Chinese)
Legend of China’s Four Evil Litigation Lawyers. 2003. Beijing, China Huaqiao. (In Chinese)
Lin, Qian. 2005.The impact of litigation masters on the law and the Qing legislative crackdown on litigation masters. Qing History Studies 3: 1–12. (In Chinese)
Meliksetov, Arlen V. 1989.The victory of the Chinese revolution. 1945–1949. Moscow, Nauka Publ. (In Russian)
New legislation of the People’s Republic of China. 1999. Express Information 9: 59–72. Moscow, Institute of Far Eastern Studies of the Russian Academy of Sciences Publ. (In Russian)
Ostrovsky, Andrey V. 2020. China becomes an economic superpower. Moscow. (In Russian)
Qiu, Zhihong. 2011. From “Barister” to “Lawyer: Translation as a lens on modern Chinese society’s view of lawyers. Modern History Research 3: 47–59. (In Chinese)
Spirin, Vladimir S. 2014. “Deng Xi-tzu” as a logical and epistemological work. Translation and research. Moscow, Oriental literature Publ. (In Russian)
Troshchinsky, Pavel V. Ed. 2020. Civil Code of the People’s Republic of China. Moscow, Sinosfera Publ. (In Russian)
Troschinskiy, Pavel V. 2022. Chinese Legal Culture: From Tradition to Modernity. Zakon 9: 16–29. (In Russian)
Wang, Gongyi. 2010. Rational Thinking on the Five Development Stages of New China’s Lawyer Industry in the 60 Years. In the book: 60 years of construction of the rule of law and development of law in New China. Beijing, Social science literature: 65–72. (In Chinese)
Xiong, Wei. 2001. Exploration of the fate of “lawyer” in ancient China. Lawyer world 2: 17–18. (In Chinese)
Xuan, Zang. 2020. Current issues of the formation of the institute of advocacy in China. Bulletin of the Russian Law Academy 2: 79–86. (In Russian)
Yao, Xiulan. 2004. Inquire into the lawyer system in China modern times: Hebei Law Science 22, 9: 118–119. (In Chinese)
Zhang, Yi. 2013. The history of the legal profession, the concept of a lawyer and his legal status in the pre-trial proceedings of the PRC. Law and Politics 9: 1195–1201. (In Russian)
Zhu, Xiaoming. 2016. Shi Liang: A legendary woman from a famous lawyer to the first minister of justice of new China. Wenshi tiandi 2: 16–19. (In Chinese)
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