THE DRAGON’S EYE

Official Publication of US-China Peoples Friendship Association, Chicago Chapter, www.uscpfa.org/chicago

Roger Noback, Chapter President and Editor, 630/762-8225, rogernoback@msn.com                                May 20, 2007

“The only way to have a friend is to be one.” – Ralph Waldo Emerson

Scheduled venue, time, topic, and activity for the USCPFA May 20, 2007 meeting

are 2-4 p.m. @ House of Fortune Restaurant, 2407 S. Wentworth Ave., Chinatown, Chicago

Observations of a Chinese Judge on The New Chinese Legal System (Including Land Use Compensation Cases)

by Youyou Shi, former Assistant Judge, Chongqing Municipality

Judge Shi provides her personal observations and opinions on the New Chinese Legal System, based on her experience as a Chinese judge and lawyer.  Her presentation is designed to select from among the topics in the following outline, including Land Use Compensation Cases, which have aroused paramount attention both inside and outside of China. 

1)      Introduction To Modern Chinese Legal System: Summary of the court system, laws and regulations, basic principles and proceedings of trials, appointment of judges and codes of responsibilities.

2)      Differences between the American and Chinese legal systems.

3)      Differences in legal philosophy and values between Chinese law and American law, and how they may be explained by the differing cultures and histories of the respective societies.

4)      Selected examples of issues Chinese judges face in trial practice in China arising out of the Chinese culture, economy and society:

a)      land issues in court trials,

b)      execution on judgment after trial,

c)      marriage cases,

d)      the responsibility of the Judge.

5)      The common values and character of the western and Chinese legal systems, especially in the court system.

6)      China’s efforts to perfect its legal system.

The ancient Chinese tended to maintain a cynical and skeptical view of the value of solving matters by legal proceedings which is represented, variously, by Confucius’ aphorism that the health of a society varies inversely in proportion to the number of laws it has; the Chinese paraphrase of the western maxim that typically only the lawyers benefit from a lawsuit, and the Chinese emphasis on efforts to perfect human character rather than the western penchant for attempting to perfect laws.  As China has modernized and expanded its economy and contacts with the west, its traditional view and practice of law has undergone the metamorphosis described by Judge Shi.

BIO: Ms. Shi served during 2003-5 as Assistant Judge and Assistant Manager of the Renhe Court, Chongqing Municipality (the largest court in the Municipality), in the Yubei New Economic Development District, after graduating as one of the top 5 students in 2002 with a Law Degree from Southwest Political Science and Law University in Chongqing.  In 2006, Youyou obtained her Master of Laws at Northwestern University School of Law.  As Assistant Judge and Assistant Manager, she tried various civil law cases including contracts, loan disputes, family law, and compensation for land-use.

This talk continues our How China Governs Itself Series, which has included the following talks: China’s National People’s Congress (by a member of the NPC) and the Chinese People’s Political Consultative Conference.

Almost 20 people attended the April 15 Evanston meeting, including new Chinese Cultural Consul Guo.  The multimedia art presentation, Chinese Contemporary Artists: Five Whose Works Engage Society, by Bo Zheng, Artist and Ph.D. Candidate, Northwestern U., was covered by China Star T.V. and newspaper.

In lieu of a June USCPFA Chi. Chapter Meeting, the Chapter encourages your attendance at the June 8-10, 2007 US-China Forum Chicago 2007, including the June 9 Cultural Festival, all presented by China Star Media (TV and Newspaper).  Please check the China Star website for more details, www.chinastarmedia.com.  No Chapter meeting is scheduled for July.

The regular monthly Chapter meeting includes a delicious traditional Chinese multi-course meal, which begins at 2 pm; the hour long luncheon talk (with Q&A) begins at 3 pm; and all this is only $15.                CfaDE52007finalema