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Tourists cram onto the Great Wall in Beijing on October. 2, 2015, the second day of the National Day holidays. Photo: Xinhua
Tourists cram onto the Great Wall in Beijing on October. 2, 2015, the second day of the National Day holidays. Photo: Xinhua
Richard Wong
Opinion

Opinion

The View by Richard Wong

Why China chose the German instead of English legal system

China modelled its legal system on that of Bismark’s Germany, partly because it was structured around a rational state bureaucracy and a strong military

Tourists cram onto the Great Wall in Beijing on October. 2, 2015, the second day of the National Day holidays. Photo: Xinhua
Tourists cram onto the Great Wall in Beijing on October. 2, 2015, the second day of the National Day holidays. Photo: Xinhua

One of the central roles of a state is to enforce justice within the domain of its rule. National legal systems protect law enforcers from being bullied with either violence or bribes by powerful litigants. The higher the risk of coercion, the greater is the need for the state to protect and control law enforcers. Such control, however, also makes law enforcers beholden to the state and politicises justice.

The different outcomes that can result are evident in the common and civil law systems, which have their roots in England and France, respectively. In the 12th and 13th centuries, England was relatively peaceful and began moving toward adjudication by relatively independent juries, while less-peaceful France went in the direction of adjudication by state-employed, royally-controlled professional judges to resolve disputes.

In essence, these two systems represent a fundamental choice between state-controlled versus independent justice.

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