Heaven Has Eyes: Law and Justice in Chinese History

Heaven Has Eyes is a comprehensive history of Chinese law and justice from the imperial era to the post-Mao era, addressing both criminal and civil justice. It explains how Western-derived notions of natural rights, legal equality, the rule of law, judicial independence, and due process replaced the Confucian moral code of right and wrong in the twentieth century, leading to legal-judicial reform agendas. However, materializing these principles in everyday practices has been difficult, leading to legal dramas and tragedies.

\n Format: Hardback
\n Length: 376 pages
\n Publication date: 11 December 2020
\n Publisher: Oxford University Press Inc
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Heaven Has Eyes is a comprehensive yet concise history of Chinese law and justice, spanning from the imperial era to the post-Mao era. This groundbreaking work is the first to treat the traditional Chinese law and judicial practices, as well as their modern counterparts, as a coherent history, encompassing both criminal and civil justice. This book fills a significant void in the literature.

Xiaoqun Xu delves into the evolution and function of law codes and judicial practices throughout China's long history, examining the transition from traditional laws and practices to modern ones in the twentieth century. In the imperial era, justice was perceived as the alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). This concept remained unchanged until the turn of the twentieth century, when Western-derived notions such as natural rights, legal equality, the rule of law, judicial independence, and due process began to replace the Confucian moral code of right and wrong.

The legal-judicial reform agendas that emerged in the early twentieth century were rooted in this shift in Chinese moral and legal thinking. However, translating these principles into everyday practices proved to be a challenging task, leading to numerous legal dramas and tragedies throughout the past century. Heaven Has Eyes explores the reasons behind this discrepancy and sheds light on the complexities of implementing legal reforms in China.

The book begins by tracing the historical development of Chinese law and justice, from the ancient dynasties to the modern era. It discusses the various legal systems and practices that have existed throughout this time, including the imperial legal system, the feudal legal system, and the socialist legal system. Xu highlights the key legal principles and doctrines that have shaped Chinese legal history, such as the concept of legalism, the idea of the rule of law, and the importance of judicial independence.

In the second part of the book, Xu examines the transition from traditional to modern law and justice in China. He discusses the challenges faced by the Chinese legal system during the twentieth century, such as the influence of Western colonialism, the rise of nationalism, and the Communist Revolution. Xu explores how these factors influenced the development of modern Chinese law and justice, and how they shaped the legal system's structure, principles, and practices.

One of the key themes of Heaven Has Eyes is the clash between traditional Chinese values and Western-derived legal principles. Xu argues that while the Chinese legal system has undergone significant reforms in recent decades, there are still significant differences between Chinese law and Western law. He discusses how these differences have led to legal conflicts and tensions, and how they have impacted the legal system's ability to provide justice to all citizens.

Another important theme of the book is the role of the judiciary in China. Xu examines the history and development of the Chinese judiciary, including the establishment of the Supreme People's Court, the role of the People's Procuratorates, and the role of local courts. He discusses the challenges faced by the judiciary in ensuring judicial independence, maintaining the rule of law, and providing fair and impartial justice to all citizens.

In conclusion, Heaven Has Eyes is a groundbreaking work that provides a comprehensive yet concise history of Chinese law and justice, spanning from the imperial era to the post-Mao era. Xiaoqun Xu's insightful analysis of the evolution and function of law codes and judicial practices, as well as the transition from traditional to modern law and justice, sheds light on the complexities of implementing legal reforms in China. The book's exploration of the clash between traditional Chinese values and Western-derived legal principles, as well as the role of the judiciary in ensuring judicial independence and providing fair and impartial justice, makes it an essential read for anyone interested in understanding China's legal system and its challenges.

\n Weight: 646g\n
Dimension: 165 x 244 x 38 (mm)\n
ISBN-13: 9780190060046\n \n