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The Culture of Chinese Litigators

By:Lawyer Dang Jiangzhou – Shanghai Ganus Law,2005, Peking University PublicationsDate:2018-03-08


Summary

Litigators are a part of Chinese traditional culture that cannot be ignored. However in the vast sea of legal research, academia’s focus on litigators have just started. In summary, ancient litigators perform the role of lawyers in society. They might be the pettifogger whom incites others to litigate for monetary benefits or other interests; or they might also win the title of the litigator upon upholding justice, proving to be a dilemma within the industry at that time. In a history and culture rich country such as China, litigators cannot be described just by passing, their existence had a huge impact upon economics, politics, and law within the society, and they differ hugely from lawyers in the Western world.

The main job of litigators is to write legal documents for others, and these documents includes wills, all sorts of contracts, written submissions, and all sorts of different applications and affidavits, and filing complaints.

Litigators have a solid foundation, although they might have different names in different eras, but the basis of what they do stay relatively the same. Many litigators are people with high social standing, they could be the descendants from imperial clans, or they could just be brave rich people. In every different era, there will be a difference in territoriality due to the difference in societal norms, economics, and politics.

Litigators and Chinese philosophers (Confucian philosophy) do not have major unsolvable conflicts from the roots. Litigators survive under the backdrop of society that is moulded upon Chinese philosophical ideals of morality and etiquette, therefore their minds are undoubtedly engraved by such philosophical ideals.

A book about litigators portrays and recreates them under every light, it not only allowed us to gain further insights into their techniques of writing, but also shows us their success in history on areas of literature, morality, law, education and strategies. They heavily influenced the activities of the judiciary and the legislative branch of the government, proving to be valuable references for today’s society.

Ganus’Value:The law would not protect those who sleep on their rights.

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