Understanding Chinese Courts and Legal Process: Law with Chinese Characteristics (review)

Reviews 379 an opportunity to reflect on Tibetan identity and the difficulty offieldwork in a highly sensitive area. Another ofChina's minorities is the focus oftwo separate chapters on the Mongols. Wuriig Borchigud's discussion ofthe differences that have emerged between the Mongols of China and diose in independent Mongolia emphasizes the importance ofpolitical boundaries in the formation ofregional identities, despite a shared Mongol heritage. That heritage is itselfthe focus ofa second article in which author Almaz Khan turns our attention toward the present state ofMongol culture. For this reviewer, Khan's unrelenting use ofjargon (not only "alterity" but "a hierarchy ofalterities") detracts from his discussion of the power of cultural symbols and Chinese attempts to neutralize that power by relegating certain artifacts and practices to museums and tourist performances. As these chapters collectively make clear, however, research on minorities and their cultures is one way ofassuring that these groups are never "lost." Despite some of the problems noted above, the promising research presented here should further stimulate the scholarly examination ofChina's cultures and expand a discussion of the great diversity within the categories of "Han" and "Chinese" as well as among the many distinct ethnic groups now a part of the Chinese state. Linda Benson Oakland University Linda Benson is aprofessor ofhistory specializing in the modern history ofChina's Xinjiang region. Ronald C. Brown. Understanding Chinese Courts and Legal Process: Law with Chinese Characteristics. The Hague, London, and Boston: Kluwer Law International, 1997. xxiii, 403 pp. Hardcover, isbn 90-411-0607-3. When I tell people in the United States or China that I am a lawyer practicing law in Beijing, the response on the part ofAmericans is often an incredulous look and the question, sincerely put, whether China has any law—or, on the part ofChinese , a bemused chuckle followed by the dismissive assertion that China most© 1998 by University definitelydoes nothave law. In UnderstandingChinese Courts andLegalProcess, oj awai? ressRonaid Brown offers alargelyfavorable overviewofthe PRC courts andlegal systems , arguing that "the new legal system which has emerged only since 1979 ... is nothing less than amazing and should be recognized as such" (p. 28). 38? China Review International: Vol. 5, No. 2, Fall 1998 In support ofhis view, Brown notes that China now has in place a constitution and an organic law that defines the courts' position and role in the constitutional structure; has passed such basic laws as the Civil Procedure Law, Administrative Procedure Law (APL), and Criminal Procedure Law (CPL); and has taken steps to professionalize the various arms of the judicial system through the recently enacted Judges Law, Lawyers Law, Procuracy Law, and Police Law. Thus, "the 'recipe' for legal enforcement is in the 'pot' and the challenge to China's legal system is to deliver on its promised product of a rule by law" (p. 28). Brown first presents a brief introduction to the legal environment and a summary of the CPL and APL. He describes the organization and structure of China's courts, addressing such issues as how the courts fit into the constitutional structure and the limits of the courts' authority. As in many countries with civil law, the legislature is supreme in China, and there is no separation of powers with a fully independent judiciary as in the United States. The courts in China report to the National People's Congress (NPC) and its Standing Committee. The Standing Committee supervises the courts. As is typical of civil-law systems, the courts' power to interpret law is limited. While the NPC has delegated the courts some authority to interpret certain laws as they apply in specific cases, the Standing Committee reserves the right to interpret the Constitution. Chapter 2 continues with an outline of the internal organization and structure of the courts. China's courts are divided into four levels: Supreme, High, Intermediate , and Basic. In addition, there are various special courts, including military, maritime, and railway. Brown provides helpful charts of the organizational structure of the Supreme People's Court and a high-level court. In a brief discussion of court personnel and the new Judges Law, Brown notes that PRC judges are similar to their counterparts in civil traditions in...