Evaluating the Chinese Reform in Mode of Trial System with Western Standard is Dogmatism (Excerpt)

• Author: Song Luan
• Position: A judge from Henan Province

Recently the courts in China started a reform in the mode of trial system; evaluating this reform under western standard is dogmatism. Chinese court is unable to fulfill its mission only by means of judicial method because complex particularities of the contemporary Chinese society. .

As conflicts are presented to the court, there are times when either the court does not have precise legal rules to make rulings or the rulings made by mechanically applying legal rules will produce conflict with the development of the society and the economy.In such cases, Chinese court is not a court in the traditional western sense. Except hearing and judging cases, the Chinese court is responsible for resolving societal conflicts and facilitating the development of the economy and the society. Therefore, the court has no choice but to seek solutions to solve conflict beyond the law.

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