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Xiaoqun Xu, Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937

Xiaoqun Xu, Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937 51 8 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 57 XIAOQUN Xu, TRIAL OF MODERNITY: JUDICIAL REFORM IN EARLY TWEN­ TIETH-CENTURY CHINA, 1901-1937 (Stanford University Press, 2008) Reviewed by Nicholas Calcina Howson* In September 2008, Beijing-based legal historian and public in­ tellectual Professor He Weifang issued two broadsides in the pages of China's relentlessly independent newspaper Nanfang Zhoumou (Southern Weekend) attacking a disturbing trend in official framing of China's judicial system. In these passionate essays he engaged di­ rectly with the rhetoric emanating from the PRC Supreme People's Court starting in the winter of 2007. That perhaps counter-intuitive rhetoric called for a "judiciary that serves the people" and decried "the alienation of the people from the judiciary," "loss of control by the people over the judiciary," and a judicial power neither "clean" nor "fair" but instead concerned only about "protecting its own inter­ est." The solution proposed looked to "the unceasing struggle to ruptur e the monopoly of the judges clique over the judicial power, and use [of] all kinds of democratic procedural methods to allow effec­ tive control over the judiciary by th e people." Or, in the words of the top official of th e Supreme People's http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Xiaoqun Xu, Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937

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Publisher
Oxford University Press
Copyright
© 2009 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/57.2.518
Publisher site
See Article on Publisher Site

Abstract

51 8 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 57 XIAOQUN Xu, TRIAL OF MODERNITY: JUDICIAL REFORM IN EARLY TWEN­ TIETH-CENTURY CHINA, 1901-1937 (Stanford University Press, 2008) Reviewed by Nicholas Calcina Howson* In September 2008, Beijing-based legal historian and public in­ tellectual Professor He Weifang issued two broadsides in the pages of China's relentlessly independent newspaper Nanfang Zhoumou (Southern Weekend) attacking a disturbing trend in official framing of China's judicial system. In these passionate essays he engaged di­ rectly with the rhetoric emanating from the PRC Supreme People's Court starting in the winter of 2007. That perhaps counter-intuitive rhetoric called for a "judiciary that serves the people" and decried "the alienation of the people from the judiciary," "loss of control by the people over the judiciary," and a judicial power neither "clean" nor "fair" but instead concerned only about "protecting its own inter­ est." The solution proposed looked to "the unceasing struggle to ruptur e the monopoly of the judges clique over the judicial power, and use [of] all kinds of democratic procedural methods to allow effec­ tive control over the judiciary by th e people." Or, in the words of the top official of th e Supreme People's

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American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 2009

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