Legal Education in a Globalised Era
China’s Strategy for Governance and Development
Abstract
China’s legal education plays a unique and vital role in the national strategy to modernise its legal system, a foundation that has underpinned the country’s rapid ascent. This paper analyses this often-overlooked facet of China’s development by situating legal education within the broader framework of governmental initiatives. Faced with the challenge of establishing a functional legal infrastructure with extremely limited resources, China’s policymakers have adopted two primary approaches since the late 1970s. First, they have concentrated most legislative efforts on the large-scale transplantation of Western laws. Second, they have effectively transformed law schools into hubs for generating legislative knowledge and training legal professionals. The Foreign-Related Rule of Law initiative, the latest manifestation of the state-directed strategy, continues to shape legal education by introducing new objectives and challenges. This paper argues that to fully comprehend China’s path to modernisation, one must understand how legal education is embedded within its grand national development strategy.
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References
Central Committee of the Communist Party of China (2013, November 12). Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensive Deepening of Reforms. Online: www.gov.cn/zhengce/202203/content_3635143.htm
Chang, K. (2010). East Asia’s Condensed Transition to Second Modernity. Soziale Welt, 61(3–4), 319–328. Online: http://dx.doi.org/10.5771/0038-6073-2010-3-4-319
Che, P. (2024). The Role of the Market Should Be Emphasised in the Training of Foreign-Related Legal Professionals. Journal of the University of Chinese Academy of Social Sciences, (2), 27–40. Online: https://d.wanfangdata.com.cn/periodical/zgshkxyyjsyxb202402003
Chen, D. (2023, December 18). Three Development Stages and Five Major Achievements of China’s Opening Up. China Economy. Online: https://tinyurl.com/y8hxpa5r
Chen, S. (2011). Paradigm Shift from Pre-System Research to Post-System Research. Chinese Journal of Law, (5), 3–19. Online: https://tinyurl.com/3c2ub55z
Chen, Y. (2023). Beyond Rules: The Argumentative Turn of International Law. Journal of Peking University (Philosophy and Social Sciences), 60(1), 162–174. Online: http://journal.pku.edu.cn/EN/Y2023/V60/I1/162
China Council for the Promotion of International Trade (2024, January 25). The China International Economic and Trade Arbitration Commission Approved to Co-Establish an Innovative Base for Collaborative Training of Foreign-Related Legal Professionals with Seven Universities Listed by the Ministry of Education. Online: https://www.ccpit.org/a/20240125/20240125zys8.html
Fang, L. (1996). Observations on Chinese Legal Education. Journal of Comparative Law, (2), 116–144. Online: https://tinyurl.com/nhehtcyy
Fang, L. (1997). Harvard Law Review: A Case Study on Legal Education and Standards of Legal Review Articles. Journal of Comparative Law, (2), 169–181. Online: https://tinyurl.com/3hw8vc7k
Fang, L. (2012). Making Sense of China’s Experiment in Internationalising Legal Education. Unpublished English article on file with the author.
Gao, H. (2007). Legal Transplantation: Metaphors, Paradigms, and New Trends in the Age of Globalization.
Social Sciences in China, (4), 116–129. Online: https://d.wanfangdata.com.cn/periodical/zgshkx200704009
Gao, T. (2020). The Original Intent and Mission of Student-Run Law Journals. Graduate Law Review, 35(2), 173–175. Online: https://tinyurl.com/29hszcce
General Office of the Central Committee of the Communist Party of China & General Office of the State Council (2023, February 26). Opinions on Strengthening Legal Education and Legal Theory Research in the New Era. Gazette of the State Council. Online: www.gov.cn/gongbao/content/2023/content_5745286.htm
General Office of the State Council of China (2014, June 9). A Notice on Strengthening Trade Policy Compliance. Online: https://tinyurl.com/bdz74amm
Hu, J. (2012, November 8). Hu Jintao’s Report at the 18th National Congress of the Communist Party of China. Online: www.gov.cn/ldhd/2012-11/17/content_2268826.htm
Information Office of the State Council of China (IOSCC) (2011, October 27). The Socialist System of Laws with Chinese Characteristics. Government White Paper. Online: https://tinyurl.com/2aam5t7m
Ji, W. (2021). WTO Accession Promotes Domestic Rule of Law and China Advances International Legal Development. Democracy and Legal System, (45), 41–43. Online: www.mzyfz.com/html/1996/2022-03-01/content-1556108.html
Jia, Q. (2024). Development Process, Unique Contribution, and Practical Approach of the Chinese Foreign-Related Rule of Law. China Legal Science, 12(4), 82–108. Online: www.cnki.com.cn/Article/CJFDTotal-CLGS202404004.htm
Justice Bureau of Pudong New Area Government (2023, January 13). Implementation Opinions of Pudong New Area on Promoting the Development of Legal Service Talent. Online: https://tinyurl.com/ysepjddj
Justice Bureau of Shenzhen Municipality (2023, August 23). Three-Year Action Plan (2023–2025) for the High-Quality Development of the Legal Profession in Shenzhen. Online: http://sf.sz.gov.cn/xxgk/xxgkml/gsgg/content/post_10799514.html
Legal Analyst (2019, March 9). Annual Passing Rates for the Judicial Examination and National Unified Legal Professional Qualification Examination (2003–2018). Baidu News. Online: https://tinyurl.com/2ayefm5b
Liu, J. (2021). WTO Entry: A Significant Driver of China’s Legal Development. Democracy and Legal System, (45), 32–33. Online: http://e.mzyfz.com/mag/paper_46664_24035.html
Lubman, S. (2000). Bird in a Cage: Chinese Law Reform after Twenty Years. Northwestern Journal of International Law and Business, 20(3), 383–424. Online: https://scholarlycommons.law.northwestern.edu/njilb/vol20/iss3/23
Ministry of Education of China (2017, October 20). Interim Measures for the Supervision of the Evaluation of Academic Titles for University Faculty. Online: http://www.gov.cn/xinwen/2017-11/13/content_5239253.htm
Ministry of Education of China (2018, January 30). National Standards for Teaching Quality in Undergraduate Programs at General Higher Education Institutions. Online: https://tinyurl.com/zduhz7rw
Ministry of Education of China (2020, November 3). The Director of the Ministry of Education’s Academic Degrees and Graduate Education Development Center Answers Questions from Reporters on the Plan for the Fifth Round of Discipline Evaluation. Online: http://www.moe.gov.cn/jyb_xwfb/s271/202011/t20201102_497816.html
Ministry of Justice of China (2019, March 7). Statistical Analysis of Lawyers and Grassroots Legal Services in 2018. Online: https://tinyurl.com/y9vkd6r7
National People’s Congress of China (2024, August 6). Information. National Database for Laws and Regulations. Online: https://flk.npc.gov.cn/index.html
School of Artificial Intelligence and Law at SWUPL (2020, June 29). Introduction of the School. Online: https://alc.swupl.edu.cn/xygl/xygk/index.htm
Shen, W. (2008). The Call for Clinical Legal Education in the Era of Development: Three Major Shifts in Chinese Legal Education. Journal of Comparative Law, (3), 121–129. Online: https://www.cnki.com.cn/Article/CJFDTotal-BJFY200803013.htm
The Ministry of Education’s Service Center for Overseas Study (2018, April 10). Evaluation Methods for Certification of Overseas (Foreign) Academic Degrees by the Ministry of Education’s Service Center for Overseas Study. Online: https://jsj.moe.gov.cn/n2/1/1/1114.shtml
Wang, J. (2023). Chinese-style Modernization and the Path of Legal Education Development. China University Teaching, (9), 25–33. Online: https://doi.org/10.3969/j.issn.1005-0450.2023.09.006
Xiao, Y. (2024). Addressing the Challenges in Training Foreign-Related Legal Professionals. Democracy and Legal System, (18), 60–64. Online: www.mzyfz.com/html/2293/2024-07-11/content-1626145.html
Xinhua (2023, November 28). Xi Stresses Development of Foreign-Related Legal System. The State Council of China. Online: https://tinyurl.com/bdf7ju23
Xu et al. (2018). Legal Education in China Over Forty Years of Reform and Opening-Up. China Law Review, (3), 2–27. Online: www.iolaw.org.cn/global/en/new.aspx?id=67920
Yang, J. & Zhuang, H. (2004). WTO and the Construction of Chinese Administrative Law Culture. Contemporary Law Review, 18(5), 125–131. Online: https://d.wanfangdata.com.cn/periodical/ddfx200405017
Ye, Q., Wang, Y. & Xia, X. (2012). Emulation and Transplantation: The Influence of Foreign Legal Cultures on China. China Renmin University Press.
Zhang, C. & Wei, Y. (2022). Current Challenges and Future Measures in Training Foreign-Related Legal Professionals. Legal Education Research, (38), 150–169. Online: www.fxcxw.org.cn/dyna/content.php?id=26877
Zhang, T. & Ginsburg, T. (2019). China’s Turn Toward Law. Virginia Journal of International Law, 59(2), 306–389. Online: http://hdl.handle.net/20.500.13051/17947
Zhihu (2020, October 26). Which Are the Best Think Tanks in China? Zhihu Forum. Online: www.zhihu.com/question/20478343
This paper is part of a research project funded by the China Law Society (grant number: CLS [2021] ZDWT 31-2). The author wishes to thank Müslüm Yilmaz and Feng Weimin for their helpful comments, and Zheng Xiaoye and Shang Ziyu for their excellent research assistance.