AJ 014 Lecture Notes - Lecture 4: Socialist Law, Chinese Law, Bourgeoisie

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 014
• Professor: Wheeler

Document Summary

Political role of law: law is instrumental to the task of creating a new economic structure; a means to a political end. Political mission of the law: pays less attention to actual wordings of the law (ultimate aim of socialist law is to head to communism) Collectivization of the means of production - difficult problems of private property (control the bourgeoisie reject private property, no liquidation and bankruptcy law given that soe were in a lost) Yet, in reality, 70 legislators have different intention to pass the law) Influenced both by socialist law and civil law (and more recently, by common law) Traditionally, law is an instrument of arbitrary action; emphasis on virtue and morality. Harmony and peace rather than enforcement; this leads to proliferation of mediation, reconciliation and arbitration. Poor organisation of judicial administration (no separation of power) Corrupt image of judicial personnel, judges and lawyers alike and relatively low status of the judiciary.