* Associate Professor of Law, Temple University Beasley School of Law, Director of Temple University of Law Programs in China, and a member of Maryland and New York Bars. Professor Zhang is also an adjunct at the China University of Political Science & Law.
1 China’s “open-door” policy, proposed by the late leader Deng Xiaoping, was adopted in 1978. See Jerome Cohen, China’s Troubled Path to WTO, Int’l Fin. L. Rev. (Sept. 2001), available at http://www.iflr.com.
2 See generally Zhong Hua Ren Min Gong He Guo Min Shi Su Song Fa [Law of Civil Procedures of the People’s Republic of China] art. 237 (1991), available at http://www.qis.net/chinalaw/lawtran1.htm [hereinafter CPL]. A Chinese language version is available at http://www.law.washington.edu/clnet/feature.html; see also Liu Ziangshu, Research on the Essential Issues of Private International Law 368–69 (2001).
3 CPL, supra note 2, art. 241.
4 Id. art. 243. A typical example is a contract concluded in a foreign country or a tortuous act committed in a foreign country.
5 See Han Depei, Private International Law 3–5 (2000); Dong Likun, International Private Law 1–3 (2d ed. 2000); Huang Jin, Private International Law 2–5 (1999); Lu Jun, Theories and Practices of Private International Law 3–5 (1998); Li Shuangyuan, General Introduction to Private International Law 1–7 (1996); Zhang Zhongbo & Zhao Xianglin, Private International Law 1–5 (1995).
6 See generally CPL, supra note 2.
7 Id. arts. 237–261.
8 Supreme People’s Court, Opinions on Application of the Civil Procedure Law of the People’s Republic of China, 31 Zuigao Renmin Fayuan Gongbao 70 [31 Gazette of the Supreme People’s Court 70] (1992) [hereinafter Opinions on CPL] (Chinese text).
9 See id. The Chinese legal system takes the tradition of continental law where the courts abide by law or statute but not precedent. Thus, higher court decisions or opinions have no binding effect on lower courts. In other words, the higher court’s opinions may not be cited as legal grounds on which the lower court’s decisions are made.
10 See CPL, supra note 2, arts. 18–21; Jiang Wei, Civil Procedure Law 86–89 (2000).
11 Id. These numbers are based on the recent statistics available from a resource of the Supreme People’s Court.
12 See CPL, supra note 2, art. 10.
13 Id. See generally Zhong Hua Ren Min Gong He Guo Rem Min Fa Yuan Zhu Zhi Fa [Organic Law of the People’s Courts] 1 (1979) [hereinafter Organic Law].
14 Id. ch. 16. According to the CPL, a retrial may take place at the original court or the next higher court. The retrial request can be made by the president of the original court, the higher court having jurisdiction over the trial court, the Supreme People’s Court, or the parties to the litigation. A retrial could also be launched upon protest by the people’s procuratorate. Under the CPL, the retrial request made by a party must be submitted within two years after the judgment or order takes effect. See id.
15 CPL, supra note 2, art. 18.
16 See id. arts. 19, 20, 21.
17 Id. arts. 18–21.
18 Id.; WEI, supra note 10, at 88–89.
19 WEI, supra note 10, at 89.
20 See Opinions on CPL, supra note 8, at 93.
21 Organic Law of the People’s Republic of China art. 24 (1983).
22 See CPL, supra note 2, art. 40.
23 See id. arts. 58, 241.
24 Id. art. 241. At present, however, no foreigners are allowed to take the Chinese bar exam.
25 See Supreme People’s Court, Zu Gao Rem Min Fay Yue Gong Zuo Bao Gao [Working Report of the Supreme People’s Courts to the National People’s Congress] 1 (1998).
26 See id. The recent statistics are from a resource of the Supreme People’s Court.
27 During the five-year period of 1996–2000, China’s economy grew at an average annual rate of 8.3%, and foreign investment reached U.S. $289.4 billion. See Zhu Rongji, Government Report on China’s Next Five-Year Plan to the National People’s Congress of China on March 5, 2001, CHINA DAILY, Mar. 6, 2001, at 1. In the first half of 2001, China’s total volume of imports and exports accounted for US $235.59 billion, and its foreign exchange reserves totaled U.S. $180.838 billion. See People’s Daily Overseas Edition, Oct. 31, 2001, at 1.
28 Ralph H. Folsom, Law and Politics in the People’s Republic of China 235–38 (1992).
29 See generally CPL, supra note 2, art. 8.
30 See Li Guoguang, Vice-President of the Supreme People’s Court, Several Policy Issues Concerning the Current Trials in Civil Cases, Speech at the National Conference of Civil Trials (Oct. 28, 2000), in 68 Zuigao Renmin Fayuan Gongbao 5 [68 Gazette] (2000).
31 Cohen, supra note 1, at 4–5. For example, in 2000, Procter & Gamble won a case against Beijing Tiandi Electronic Group over the domain name “tide.com.cn” in Beijing No. 1 Intermediate People’s Court. See Proctor & Gamble v. Beijing Tiandi Electric Group, Beijing Yizhong Zhichuzhi 49 (2000). In the same year, Ikea Inc. won a lawsuit against a Chinese company over the domain name “ikea.com.cn” in Beijing No. 2 Intermediate People’s Court. See Inter Iker Inc. v. Guowang Inc., Beijing Erzhong Zhichizhi 86 (1999).
32 See , e.g., CPL, supra note 2, art. 4.
33 XIANFA art. 132 (1999) [Constitution of the People’s Republic of China (1999)]; CPL, supra note 2, arts. 2, 18–21.
34 CPL, supra note 2,. art. 3.
35 Id. arts. 3, 237.
36 Id. art. 21.
37 See Opinions on CPL, supra note 8, at 71.
38 CPL, supra note 2, art. 18–39.
39 Id. arts. 22, 23, 35.
40 Id. arts. 18–21; WEI, supra note 10, at 86–89.
41 See CPL, supra note 2, art. 147.
42 If a case starts in an intermediate level court, a higher court will hear the appeal. If a higher court takes the case for the trial of first instance, the Supreme People’s Court will have to take the case if an appeal follows. See id. art. 18.
43 Supreme People’s Court, Notice on Taking of Cases Concerning Civil and Commercial Disputes at Higher Court of Provinces for the Trial of First Instance, 59 ZUIGAO RENMIN FAYUAN GONGBAO 90 (1999) [hereinafter 59 Gazette] (Chinese text).
44 Id.
45 Id.
46 Id.
47 Id. In Shandong, Jiangsu, Liaoning, and Zhejiang provinces, the minimum amount in controversy is RMB 30 million (U.S. $3.66 million), and in the other fifteen provinces, the amount is RMB 20 million (U.S. $2.42 million). See 59 Gazette, supra note 43, at 90.
48 Id. In Beijing, Shanghai, and Guangdong, the total number of such cases shall not exceed ten in any given year. The total number is limited to eight per year in Fujian, Zhejiang, Hainan, and Hubei, and five in any other provinces. Id.
49 See id.
50 See CPL, supra note 2, art. 36; Wei, supra note 10, at 98–99.
51 See CPL, supra note 2, art. 36.
52 Id.
53 See id.
54 Id. This is also called the “Principle of Jurisdiction Constant,” which means that the jurisdiction shall not be affected by a later change of jurisdictional basis.
55 Id. art. 36; WEI, supra note 10, at 89–95.
56 CPL, supra note 2, art. 36.
57 See id. art. 22.
58 Id. arts. 26–34; WEI, supra note 10, at 89–95.
59 See generally CPL, supra note 2, arts. 26–34.
60 Id. arts. 3, 237.
61 Id. arts. 22, 23, 25, 26, 30; Depei, supra note 5, at 431–34.
62 See CPL, supra note 2, art. 22.
63 See id.
64 Id. art. 22.
65 Id.; General Principles of the Civil Law of the People’s Republic of China, available at http://www.qis.net/chinalaw/prclaw27.htm (last visited Sept. 27, 2001) [hereinafter CIVIL CODE 1986]. Domicile is defined as the place of registered household of a natural person or main business place of a legal person or economic organization.
66 See CPL, supra note 2, art. 22.
67 See id. art. 35.
68 WEI, supra note 10, at 90.
69 CPL, supra note 2, art. 23. For purposes of jurisdiction, personal status is created by special relations, such as marriage or blood, or by law, such as civil ability or capacity.
70 See Opinions on CPL, supra note 8, at 71.
71 See CPL, supra note 2, art. 243; JIN, supra note 5, at 898–902.
72 See CPL, supra note 2, arts. 343–46.
73 Id. art. 243.
74 Id.
75 Id. art. 24.
76 Id. art. 26.
77 Jurisdiction over a defendant’s attachable property is also called “attachment jurisdiction.” It occurs when a non-resident defendant has property that is physically present in the country and the property could be attached at the commencement of the proceedings.
78 See Opinions on CPL, supra note 8, at 72.
79 CPL, supra note 2, arts. 24, 25, 243.
80 Id. art. 35.
81 Supreme People’s Court, Reply to Questions Concerning Determination of the Court Jurisdiction when the Contract Name is Inconsistent with the Substance of the Contract, 48 Zuigao Renmin Fayuan Gongbao 131 (1996) [hereinafter 48 GAZETTE] (Chinese text).
82 Id.
83 CPL, supra note 2, art. 29.
84 See Opinions on CPL, supra note 8, at 72.
85 Supreme People’s Court, Interpretation on Matters Concerning Application of Law in the Trial of Cases Involving Computer Network Copyright, 69 ZUIGAO RENMIN FAYUAN GONGBAO 26 (2001) [hereinafter 69 Gazette] (Chinese text).
86 See id.
87 See CPL, supra note 2, arts. 24–33.
88 Id. art. 26.
89 See id. art. 27.
90 Id. arts. 25, 244.
91 See CPL, supra note 2, art. 244.
92 Id.
93 See id. art. 244.
94 See id. art. 25.
95 Id.
96 See CPL, supra note 2, arts. 18–21, 25.
97 Id. art. 244.
98 Id. art. 245.
99 Id.
100 See id. art. 245.
101 See CPL, supra note 2, art. 246.
102 Id.
103 Id. art. 246.
104 See id. art. 34.
105 See id.
106 Folsom, supra note 28, 229–33.
107 CPL, supra note 2, art. 38.
108 See id.
109 Id. arts. 113, 248.
110 Id.
111 Supreme People’s Court, Reply to the Matters Concerning Whether the Third Party May Object to the Jurisdiction, 23 Zuigao Renmin Fayuan Gongbao 22 (1990) [hereinafter 23 Gazette] (Chinese text).
112 Supreme People’s Court, Several Rules on Strict Implementation of the Civil Procedure Law in the Course of Trial of Economic Cases, 41 Zuigao Renmin Fayuan Gongbao 17 (1994) [hereinafter 41 Gazette] (Chinese text).
113 CPL, supra note 2, art. 147.
114 Model Law of Private International Law of the People’s Republic of China art. 251 (2000) [hereinafter Model Law]. The Model Law, published by China Law Press, is regarded as representing the most comprehensive provisions in Chinese private international law.
115 See id. art. 51.
116 See Supreme People’s Court, Notice on Several Notable Matters Concerning Adjudication of Civil and Commercial Cases Involving Foreign Elements and Enforcement, Apr. 17, 2000, Supreme People’s Court Doc., No. 51, 2000,  I. [hereinafter Notice]; WEI, supra note 10, at 393–402.
117 See generally Notice, supra note 116,  1.
118 Id.
119 See id.
120 Id.
121 See generally id. at 111.
122 See Li Guoguang, Vice-President of the Supreme People’s Court, Several Questions Concerning Trial Work in Economic Cases, 57 Zuigao Renmin Fayuan Gongbao 18 [57 Gazette] (1998).
123 CPL, supra note 2, art. 257.
124 See id. art. 259.
125 See Arbitration Law of China art. 65 (1994) (P.R.C.).
126 CPL, supra note 2, art. 77. This practice is sharply different from that in United States federal courts, where any person not a party to the action who is at least eighteen years old may serve process. See Fed. R. Civ. P. 4(c)(2).
127 CPL, supra note 2, arts. 77–84.
128 See id. art. 79. In the case of service left at the defendant’s resident, the receipt of service must be signed by a witness, who could be the representative of the local community office.
129 Id. China became a member state of the 1965 Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters in March 2, 1991. Pursuant to the Convention, the designated “Central Authority” in China for purposes of extraterritorial service is the Ministry of Justice of China.
130 See id. art. 247; Opinions on CPL, supra note 8, at 93.
131 See Civil Code 1986, supra note 65, art. 135.
132 See id. art. 136.
133 See generally Contract Law of the People’s Republic of China 1999 art. 129, available at http://www/cclaw.net/lawsandregulations/chinese_contract_law.htm [hereinafter Contract Law].
134 See Civil Code 1986, supra note 65, art. 137.
135 E. Lorenzen, Selected Articles on the Conflicts of Laws 163–64 (1947).
136 See Civil Code 1986, supra note 65, art. 135. In addition, the Maritime Law of China, the Negotiable Instruments Law of China, and Civil Aviation Law of China also contain choice of law rules applicable to the specific matters involving maritime, negotiable instruments, and civil aviation, respectively. See generally Maritime Law of China 1992 art. 269, available at http://www.gchinalaw.com/cnlaw/reference/codes/maritime.htm; Negotiable Instruments Law of China 1995 ch. 6, available at http://www.embonline. net/english/e-Law/C-5a-Bank-30.htm [hereinafter Law of Negotiable Instruments].
137 See Civil Code 1986, supra note 65, ch. 8; Contract Law, supra note 133, art. 126. Article 126 of the Contract Law provides choice of law rules applying to contract matters.
138 See generally id.
139 Supreme People’s Court, Opinions on Several Questions Concerning Implementation of the General Principles of Civil Law (Provisional), 14 Zuigao Renmin Fayuan Gongbao 16 (1988) [hereinafter 14 Gazette] (Chinese text); see also Legislative Working Committee of the Standing Committee of the National People’s Congress of China, Compilation of Civil and Commercial Laws of the People’s Republic of China 508–12 (1999).
140 See generally id.
141 Restatement (Second) of Conflicts of Law  6, 145 (1994) [hereinafter Restatement].
142 See, e.g., China Research Institute of Application of Law, Selection of Cases of the People’s Courts 1992–1999, Intellectual Property Rights 124–37 (2000).
143 See id.
144 Id.
145 14 Gazette, supra note 139, at 35.
146 Id.
147 Id.
148 Id. Under the Supreme People’s Court’s 1988 “Opinions,” when a foreign law is applied, if there are different laws that are applied to different parts of the country, the applicable law shall be determined according the conflict of law rules of the country. If the foreign country has no such rules, the law of the place that has the closest relationship with the civil relations involved shall be applied directly.
149 See generally Han Depei & Du Tao, The Recent New Development In the Legislation of the Private International Law, in 3 Chinese Yearbook of Private International Law and Comparative Law 34 (2000).
150 See id.
151 See generally, Model Law, supra note 114; JIN, supra note 5, at 32.
152 Model Law, supra note 114.
153 See generally id.
154 CPL, supra note 2, art. 25.
155 See Civil Code 1986, supra note 65, art. 145.
156 Id.
157 CPL, supra note 2, art. 244.
158 Id. (requiring an agreement to be in writing).
159 Id.
160 See generally MOFTEC, Detailed Rules on Implementation of the Law of China on Wholly Foreign-owned Enterprises, arts. 81, 84 (amended April 21, 2001), available at http://www. chinafdi.gov.cn/lawsen/display.asp?id=9.
161 Supreme People’s Court, Answers to Several Questions on Application of Foreign Economic Contract Law, 12 Zuigao Renmin Fayuan Gongbao 3, 4 (1987) [hereinafter 12 Gazette] (Chinese text); see DEPEI, supra note 5, at 198–99.
162 See 12 Gazette, supra note 161, at 4.
163 Id. at 5.
164 Id.
165 See id. For other contracts, the laws determined by the people’s courts under the closest relationship standard shall be as follows: (1) contract for bank loan or guarantee—law of the place where the bank is located; (2) insurance contract—law of the place of insurer’s business office; (3) contract for product processing and work—law of the place where the contractor’s business office is situated; (4) contract of transfer of technology—law of the place of transferee’s business office; (5) contract for construction project—law of the place of the project; (6) contract for technical consultation or design—law of the place where the commissioning party’s business office is located; (7) contract for service—law of the place of service performance; (8) contract for supply of equipment—law of the place where the equipment is installed and operated; (9) contract of agent—law of the place of the agent’s business office; (10) contract for lease, sale, or mortgage of real property—law of the place of property; (11) contract of the leasing of chattels—law of the place of lessor; (12) contract for storage and warehousing—law of the place where the storekeeper’s business office is located. See id.
166 See 12 Gazette, supra note 161, at 5.
167 See id.
168 See id.
169 See id.
170 See id.
171 See 12 Gazette, supra note 161, at 5. This is to avoid the problems of renvoi in the choice of law. See id.
172 See Civil Code 1986, supra note 65, art. 146.
173 See id.
174 See id.
175 See 14 Gazette, supra note 139, at 35.
176 See id.
177 See Civil Code 1986, supra note 65, art. 144.
178 See id.
179 See id. art. 149. According to Article 149, in intestate succession, movable property shall be governed by the law of the decedent’s last place of domicile, and real property shall be governed by the law of the place where the property is located.
180 See 14 Gazette, supra note 139, at 35.
181 See id. at 35.
182 See 12 Gazette, supra note 161, at 5.
183 See, e.g., JIN, supra note 5, at 251–253.
184 See id.
185 Maritime Law of China, supra note 136, art. 270.
186 Id.
187 See generally Civil Code 1986, supra note 65, art. 143.
188 See id.
189 See id.
190 See id.
191 Id.
192 See Civil Code 1986, supra note 65, art. 143.
193 See id.
194 Likun, supra note 5, at 205–227.
195 See generally id.
196 See 14 Gazette, supra note 139, at 35.
197 The Supreme People’s Court tries to differentiate “residing place” from “domicile.” See generally id.
198 See id.
199 Law of Negotiable Instruments, supra note 136, art. 97.
200 Id.
201 Id.
202 See Civil Code 1986, supra note 65, art. 150. Under Article 150 of the Civil Code 1986, the application of foreign law or international practice shall not violate the public interest of the People’s Republic of China. Id.
203 See 14 Gazette, supra note 139, at 36. According to the Supreme People’s Court, there shall be no application of foreign law if the application is aimed at evading mandatory law or prohibitive rules of China. Id.
204 For the American approach, see generally Walton v. Arabian American Oil Co., 233 F.2d 541, 544 (2d Cir. 1956); Leary v. Gledhill, 84 A.2d 725, 728 (N.J. 1951); FED. R. CIV. P. 44.1; Restatement, supra note 141, 136.
205 See CPL, supra note 2, art. 7.
206 See id.
207 See id.
208 See 14 Gazette, supra note 139, at 36.
209 See id.
210 See CPL, supra note 2, art. 148.
211 See id. art. 221.
212 See id. art. 222.
213 See id. art. 223.
214 See id. art. 229.
215 See CPL, supra note 2, art. 228.
216 See id. art. 231.
217 See id. art. 227.
218 See id. art. 230.
219 See id. art. 232.
220 See CPL, supra note 2, art. 216.
221 Id. art. 207. For purposes of judgment enforcement, the competent people’s court refers to: (1) the first instant trial court if the judgment is property-related; (2) the ordering court if the enforcement involves the court order for payment; (3) the intermediate people’s court when recognition and enforcement of foreign judgment is requested; and (4) a people’s court at the place of judgment debtor or place where judgment debtor’s property is located if the request is to enforce arbitral award. Id.
222 See id.
223 See Supreme People’s Court, 55 Zuigao Renmin Fayuan Gongbao 93 (1998) [hereinafter 55 Gazette] (Chinese text).
224 See CPL, supra note 2, art. 219.
225 See id. art. 216; see also WEI, supra note 10, at 358–59.
226 55 Gazette, supra note 223, art. 92.
227 Id.
228 See CPL, supra note 2, art. 209.
229 See id.
230 See id. art. 220.
231 See id. art. 266.
232 See generally Opinions on CPL, supra note 8.
233 See CPL, supra note 2, arts. 267, 268.
234 See id. art. 267.
235 See generally Opinions on CPL, supra note 8.
236 See 14 Gazette, supra note 139, at 35. The People’s Court shall first look at the international treaties that China has joined. If there are no such treaties, the principle of reciprocity controls. Absent both treaties and reciprocity, the relevant Chinese law shall apply. Id.
237 See Wei, supra note 10, at 434–436.
238 See CPL, supra note 2, art. 268.
239 See Wei, supra note 10, at 436; see also Likun, supra note 5, at 458–459. The provisions in this regard are also embodied in the bilateral treaties for judicial assistance between China and a number of foreign countries.
240 Supreme People’s Court, Opinions on Relevant Questions Concerning People’s Courts’ Handling Petition for Recognition of Divorce Judgment Made by a Foreign Court, 64 Zuigao Renmin Fayuan Gongbao 61 (2000) [hereinafter 64 Gazette] (Chinese text).
241 See id.
242 See id.
243 See id.
244 See CPL, supra note 2, art. 269.
245 See id.
246 China joined the New York Convention on April 22, 1987 with two reservations: (1) The People’s Republic of China will apply the Convention only on the basis of reciprocity, to the recognition and enforcement of arbitral awards made in the territory of another Contracting State; and (2) The People’s Republic of China will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered commercial under the national law of the People’s Republic of China. At the present, there are some 113 member-states of the New York Convention. The full text of the Convention may be found at 9 U.S.C. 201.
247 Under Article V of the New York Convention, recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:
(1) The parties to the agreement referred to in Article II were, under the law applicable to them, some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(2) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or
(3) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(4) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(5) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that:
The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or
The recognition or enforcement of the award would be contrary to the public policy of that country.
See generally id.
248 In both the 2000 and 2001 annual sessions of the National People’s Congress, the Supreme People’s Court received some 40% disapproval votes from the deputies for its working report.
249 CPL, supra note 2, arts. 207, 209.
250 See Notice, supra note 116.
251 China adopted four Constitutions in 1954, 1975, 1978, and 1982, respectively. The current one is the 1982 Constitution, and it was amended three times in 1988, 1993, and 1999.
252 See XIANFA art. 78 (1954) [Constitution of the People’s Republic of China (1954)] [hereinafter Xianfa (1954)].
253 See Xianfa, art. 126 (1982) [Constitution of the People’s Republic of China (1982)], available at http://www.qis.net/chinalaw/lawtran1.htm [hereinafter Xianfa (1982)].
254 Article 4 of the Organic Law of the People’s Courts is an exact copy of Article 126 of the 1982 Constitution. See XIANFA (1982), supra note 253, art 126; Organic Law, supra note 13, art. 4; see also Legislative Working Committee of the Standing Committee of the National People’s Congress of China, Laws of the People’s Republic of China 38–42 (1999).
255 The Law of Judges of China was adopted on February 28, 1995 and amended on June 30, 2001. In Article 1 of the law (as amended), it states that purpose of the law is to safeguard the independent exercise by the people’s courts of judicial power and judicial justice. Article 8 provides that a people’s court judge shall have the right to adjudicate cases independently without interference by administrative agencies, social organizations, and individuals. See Zhong Hua Ren Min Gong He Guo Fa Guan Fa [Law of Judges of China] (1995), art. 1, 8, available at http://www.law-lib.com/law/law_review.html [hereinafter Law of Judges].
256 See CPL, supra note 2, art. 6. Under the CPL, the people’s courts shall exercise judicial power over civil cases independently without interference by administrative agencies, social organizations, and individuals. Id.
257 See generally Xu Congde, Constitution 102–36 (1999).
258 See id. at 117–18.
259 See id.
260 Law of Judges, supra note 255, arts. 34–36.
261 In Chinese history, judicial power rested with the executive branch. Thus, a mayor was not only the administrative head but also the chief judge.
262 See generally Su Li, Observation and Thoughts on Trial Committee of Local People’s Courts, 1 Peking U. L. Rev. 321, 364 (1999).
263 See generally Xiao Yang, President of the Supreme People’s Court, Work Vigorously and Harder to Make the Improvement of the Local Courts Into a New Stage, Speech (June 23, 2000), in 66 Zuigao Renmin Fayuan Gongbao 112, 113 [66 Gazette] (2000); He Wei Fang, Several Comments on Judicial Committee, 1 Peking U. L. Rev. 367, 367 (1999).
264 See id.
265 See Law of Judges, supra note 255, art. 9. The 1995 Law of Judges (as amended 2001) provides certain requirements for a people’s court judge. The requirements are: (1) Chinese citizenship; (2) twenty-three years of age; (3) upholding the Chinese Constitution; (4) having good political and professional quality and morale; (5) good health; and (6) qualifying educational requirements. In addition, on October 18, 2001, the Supreme People’s Court adopted “The Basic Principles of Professional Ethics of Judges of the People’s Republic of China” (Ethics Code). The Ethics Code consists of fifty articles aimed at standardizing and perfecting the professional ethical norms of judges, improving and enhancing the professional quality of judges, and maintaining the good image of judges in the general public. See Zhong Hua Ren Min Gong He Guo Fa Guan Zhi Ye Dao De Ji Ben Zhun Ze [The Basic Principles of Professional Ethics of Judges of the People’s Republic of China] (2001), available at http://www.law-lib.com/law/law_view.html [hereinafter Ethics Code].
266 See generally Cao Jianmin, Researches on the Theory Issues of China’s Judicial Trial Methods 15–17 (2000).
267 See id. at 16.
268 Article 9 of the Law of Judges only provides that those who became judges before the effective day of the Law of Judges and did not meet the college education requirement shall arrange to receive training in order to meet an equivalent standard. See LAW OF JUDGES, supra note 255, art. 9.