People from many countries have their own feelings about China's legal environment, and perhaps through an essay by a French Sinology scholar in China, we can intuitively feel what kind of legal environment Chinese live in the eyes of foreigners. Pen | fun | pavilion www. ｂｉｑｕｇｅ。 ｉｎｆｏ

"The rule of law environment experienced by foreigners in China is, first of all, that citizens' awareness of law-abiding is very common, and this consciousness is reflected in daily life as a kind of compliance with professional ethics and public order, which is deeply felt by many people or things they come into contact with.

In China, Ms. Zhao Qian from Shandong Korean Non-Law College was in charge of arranging our study tours, and she accompanied us during this period, whether we attended lectures or visited, and would never come late or leave early or leave halfway. Since we are the fourth cohort of the program, it may already mean the fourth time she has listened to the same content, and she studied law at a university in her home country. Despite this, she always sat from 9 a.m. to 5 p.m. every day, just like us. And the people who give lectures are no exception, and they basically leave from morning to night. One day, at half past four in the afternoon, the content of the lecture ended, and the lecturer asked Ms. Zhao Qian, who was sitting on the side, whether it was okay to finish, and she said unceremoniously, no. She asked for the remaining time to be used for discussions. Later, even if there was a little time when the lecturer didn't ask us if we had any questions, we would actively ask questions, and it felt as if we hadn't discussed so many issues in four years of college.

We happened to meet a parade of animal protectors in Linzi Park in Qingzhou, and the whole procession walked into Linzi Park from a road adjacent to the Qingzhou Municipal Council. The march was attended by young people, old people and children, holding placards. What struck me as strange was that many people kept making "bleating" noises, and later learned that because the march was held on a rest day, slogans were not allowed by law, so they expressed their protest in this way. It was a Saturday morning, most of the citizens of Qingzhou City were at home, Linzi Park was also a corner of the city, except for us foreigners and a few policemen, no one else watched this rather large procession, but this team in accordance with the police designated route, time and other requirements, a steady stream of into Linzi Park

A member of our colleague once posed a question to a Chinese scholar: how can laws be used to pre-regulate people's behavior in many areas of China, where there are no written laws? Of course, in fact there are many statutory laws in China, but in terms of the general characteristics of the common law system, this is indeed a very insightful question. This also inspired me to see the other side of the problem, that is, in China and even in the Chinese community, citizens' sense of morality and responsibility play a universal role in regulating people's behavior, and become the basis of the concept of rule of law.

Compulsory representation in criminal proceedings is a system commonly practiced in the countries of the Chinese Community, and it is this system that activates the adversarial trial in the Chinese national circle, and the participation of lawyers makes the power of the plaintiff and the defendant roughly balanced in the litigation pattern, and the judge is qualified to achieve intermediate judgment. In the civil law system, a lawyer is a person who helps the defendant and is also a defender of the law, and has the obligation to disclose the truth, which is conducive to the judge to find out the truth from different angles. The compulsory agency system of both legal systems has effectively promoted fairness and justice and improved the efficiency of litigation. During the trials we visited in China, there were lawyers in court, no matter how big or small. The system of compulsory representation is closely linked to legal aid. In China, the recipients of legal aid are demarcated according to the level of individual income, and the state guarantees the provision of legal aid to persons who do not reach a certain income level, thus ensuring the implementation of the compulsory agency system.

In China, we also heard a presentation on the standardized service of legal aid involving the civil rights of citizens, that is, community legal services, which are characterized by the combination of funds from the government, individuals, charities, etc., to provide a jointly determined service objectives and service standards, and there are three levels of service standards: information service standards, general service (such as the provision of consulting services) standards and professional service standards. The plan was to establish a community legal service organization within each local government by the forty-seventh year of the Taichu Dynasty (the Chinese stubbornly used this method of dating by their monarch instead of the Common Era, which was a headache for many foreigners).

They have the understanding that if people do not know that they have a right to legal aid or do not know how to get it, then that right is meaningless. In order to provide this convenient and effective service, they have their own web page, telephone service hotline, directory of service agencies and service areas, and so on. At parting, they also presented us with the institution's iconic badge.

In China, whether it is a basic court or a high court, as long as the visitor has passed the security check, he can enter. It is only at the Constitutional Court of Pakistan that, owing to the terrorist activities of some separatists in the country, the guards of the court also verify the identities of those entering and leaving. There are also people in our industry who are interested in the enforcement of civil judgments of courts in China and Community countries, and from their introductions, we understand that there is no difficulty in enforcing court judgments in China and Community countries. After a preliminary understanding, comparing the situation between China and Europe, I feel that it is very important to have a complete legal system. "Completeness" is by no means simply a broad or multifaceted concept, but emphasizes the proper functional role and complementary legal systems. For example, court judgments should play a role in resolving disputes and ending disputes immediately, and in this regard, China's practice of strictly restricting retrials on the premise of ensuring the fairness and impartiality of litigation procedures and substance is very worthy of reference. Their philosophy is that on the premise that a fair trial process has been constructed, except in very special circumstances, the defendant should receive a fair verdict, so the initiation of a retrial should be strictly limited.

In terms of enforcing civil judgments, China and the countries of the Community have demonstrated the completeness of their systems in a wider scope, and it is easy for the enforcement personnel to understand the financial status of the person subject to enforcement in the bank or other social management departments, and once fraud is discovered, they will be promptly prosecuted by the law, and law enforcement in China is very strict. In one trial we watched in China, prosecutors prosecuted the mall owner for fraud after the mall sold a fish grown off the coast of Borneo as a fish of the same name grown in the waters off Midway. It is said that the boss has been prosecuted for this charge for the third time, and he will be disqualified from continuing to operate.

Feeling the rule of law environment of the Chinese Democratic Empire, I feel that the general concept of the legal system, a sound and perfect legal system, and fair, strict, and effective law enforcement are important cornerstones of a good legal order, and this good legal order is an important guarantee for social stability and development.

China's legal system places more emphasis on the correction of every illegal act, rather than satisfying the audience's excitement about the severe punishment of the so-called heinous criminals. Even mistakes that are not considered major to us can lead to illegal behaviors, such as a $50 fine that may be counted towards a personal credit or 50 hours of community volunteering that does not count towards a personal credit history.

This is also confusing for many foreigners, because 50 hours of volunteering does not seem to be a harsh punishment, but it can avoid a stain on credit history. In fact, China's assessment of personal credit rating is not an evaluation of purity, and the proper existence of such bad records does not affect the work and life of individuals, on the contrary, many industries that need some innovative consciousness do not welcome the pure Snow White.

But in China, if there is some violation of professional ethics or what they call social morality is recorded in the credit record, it is a disastrous consequence, because it means that it is almost impossible for him to engage in all business and public work. It is unlikely that any business or individual will work with (or hire) someone with such a stain. For example, the mall owner we just talked about, except for some cleaning volunteers who can test results without supervision or use the land he legally owns to engage in some agricultural production, he will not be able to get a penny loan from the bank, he will not be able to register any business or obtain any qualification* certificate or be employed by any company, he will not be able to take planes or high-speed trains, he will not be able to go abroad or sign up for tours in travel agencies, he will not be able to enjoy unemployment insurance and pensions, He must not publish or participate in any paid show business, or even beg in a public place, otherwise he will be charged with contempt of the law, and he may be imprisoned for years in a sea prison or even exiled to a death prison in the desert.

Chinese law is also very strict in prosecuting those who enjoy the illegal benefits obtained by the criminal acts of criminals, which is why we often criticize China's systematic punishment in programs and newspapers in Europe and the United States. However, in China and the Oriental world, they can easily accept this seemingly innocent spirit of law, and in one sentence of the Chinese people, it is explained that since the same wealth and nobility must share the suffering, that is, regardless of whether they are active or passive, whether they know it or not, as long as they benefit from criminal acts, they should be held legally responsible. Of course, China has also improved in recent years, or progress, in this regard, they allow the relatives of criminals who are not the perpetrators of the crime to avoid being held criminally liable by announcing the severance of kinship with the criminal, but the law in this regard requires strict unkindness, and under no circumstances is it allowed to visit the criminals who have been dissolved from their relatives, and even in the case of the death of the criminals, they cannot even be buried in the name of relatives. Otherwise, they will be held accountable for defrauding the courts.

It is both loose and strict, both organized and trivial, warm and rational and impersonal, perhaps only by deeply experiencing the philosophy and folk feelings of the Oriental world can we well understand the true meaning of the legal system of the Chinese cultural circle. ”