Lay participation in China

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Wang, Zhuoyo (2011). Lay participation in China. University of Birmingham. Ph.D.

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Abstract

In response to the fact that academic projects on lay participation in China written in English have been very scarce, and also the views of the three schools of Chinese scholars, this thesis will conduct a thorough review of lay participation in China. Chapter 1 of this thesis firstly outlines the worldwide situation regarding lay participation. Chapter 2 sets out the historical background to the growth of lay participation in China, by recounting the various forms of and experiments with lay participation during China’s history. Chapters 3 and 4 study the status quo of the sole form of lay participation in China today, that is, the mixed tribunal system. Chapter 5 looks into the contribution that lay participation could potentially make to Chinese society. Chapter 6 offers some proposals with regard to the prospective direction for developing lay participation in China, from a realistic perspective. The thesis finds that lay participation has been neither declining worldwide, nor has been absent during China’s history. It also finds that although the mixed tribunal system in China today faces an array of problems, lay participation may potentially contribute to Chinese society in terms of a better justice system and improved democracy. After clarifying the prospects for continuing lay participation in China and proposing possible reformative measures, my thesis concludes that the system, with careful reconstruction, deserves a position in China’s future legal system; and that the leftist proposal, to abolish lay participation in China, should be rejected.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):