Comparative Studies Of Chinese And Western Judicial Traditions

The doctoral dissertation uses comparative method to study the ancient Chinese non-lawsuit and the modern Western restorative justice. It attempts to provide lessons for the development of modern Chinese legal system through research on their similarities and differences.This dissertation is divided into five chapters. The Chapter One, titled Origin of Judicial Concept, mainly explores the judicial concept 12th Century ago, and compares the basic concept of the ancient Chinese legal tradition with one of the Western legal tradition.The Chapter Two, titled Non-Lawsuit——The Highest Pursuit of Ancient Chinese Justice, makes deep discussions and analysis on the concept and contents of the non-lawsuit, as well as operative mode of the non-lawsuit in the ancient Chinese judicial practice.The Chapter Three, titled Transition and Collision, greatly elaborates two turning points in the history of the development of Chinese and Western law: the reformational movement of the modern Western law in Britain and the transplant of modern law in China.The Chapter Four, titled Overturn of Non-Lawsuit Ideal, discusses the modern judicial principles in the West, and makes analysis on the establishment of judicial principles, basic concept, and identification of the United Nations and current debates on them.The Chapter Five, titled Restorative Justice, discusses and analyses the basic concept of the restorative justice, then makes comprehensive comparison between the...