4. Contemporary Chinese Model of the Rule of Law from the Perspective of Comparative Law

Deng (1994, p. 318).

Deng (1993, p. 261).

Heberer (2005).

Zhao (2009).

Li (2009).

Mao (1991, p. 1472).

Liang Botai (1899–1935) joined the China Socialist Youth League in 1920, began his study at the Communist University of the Toilers of the East in Moscow in 1922 and became a member of the CPC in the same year. He went to work in Vladivostok in 1924, becoming a judge in the Court of Khabarovsk and devoting himself to legal research and judicial work. After coming back to China from the Soviet Union in 1931, he worked in the Soviet Government of Western Fujian Province as the director of Political Security Bureau and elected a member of Central Executive Committee of the first and second “National Soviet Congress”. He was appointed Vice Chairman of People’s Judicial Committee in April 1933, Vice Chairman of the People’s Committee on Internal Affairs in July 1933, and Vice Chairman of the Central People’s Judicial Committee and a chief justice of the Supreme Court in February 1934. He had tried a series of important criminal cases during the period of the Soviet Areas, thereby contributing to the construction of the legal system in Soviet areas. In March 1935, he was arrested and executed by the Kuomintang Government in March 1935 after being wounded while leading his army to get through the enemy line.

See He (2002).

The mediation in contemporary China refers to the mediation established by people’s political power. It is a system consists of four parts: (1) People’s mediation. Also called non-government mediation, it is the mediation of disputes among the people by a people’s mediation committee. It is a kind of mediation outside judicial proceedings. (2) Court mediation. It is the mediation by a people’s court in a case of civil or economic dispute or a minor criminal case accepted by the court. It belongs to the category of mediation within judicial proceedings. For marital cases, mediation within judicial proceedings is a compulsory procedure. For other civil cases, mediation is not compulsory, but optional. A mediation decision made by a people court has the same effect as a judgment. (3) Administrative mediation. It can be further divided into two categories: first, mediation of ordinary disputes among the people by a grassroots people’s government, namely by the people’s government of a township or a town. It is a kind of mediation outside judicial proceedings. Second, mediation of certain civil, economic, or labor disputes by a state administrative organ in accordance with legal provisions. It is also a kind of mediation outside judicial proceedings. (4) Arbitral mediation. It is the mediation by an arbitral body in a case accepted by it. If the mediation fails, the arbitral body will make an arbitral decision. It is also a kind of mediation outside judicial proceedings.

The Analects: Weizheng.