AJ 014 Lecture Notes - Lecture 5: Zhang Xiaoming, International Criminal Court, Socialist Law
18 Jun 2020
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Document Summary
Budget needs approval of the legco + judicial independence = ce still over three. No supporting law to carry out so called de-colonisation (chen zhoe-er) Above 2 examples exemplify the confusion of political and legal statements // conflict. Civil servants no superiority of government above people (check and balance) Socialist law policy statement overrides law (not accepted by common law) Npc possesses the powers of executive, legislature and judiciary. Chinese law: between common law (hk) and chinese law. Harmony culture of mediation compromise > personal benefit. Ancient judge controls the police, prosecution and enforcement low status of lawyer. Civil law was dictated by commercial necessity very weak at the relationship between government and people. Chief justice at lower status than executive officials instead pf internal procedural change, political change is more important. Mobile high-quality court in different parts of china equalise the opportunity to experience judicial service. Socialist + civil + common legal system with chinese characteristics.
