By Jiunn-rong Yeh, Wen-Chen Chang
The increase of Asia in international political and financial advancements has been facilitated partially by way of a profound transformation of Asian courts. This booklet presents the main up to date and accomplished research of those courts, explaining how their buildings range from courts within the West and the way they've been formed by means of the present demanding situations dealing with Asia. participants from around the continent study fourteen chosen Asian jurisdictions representing various levels of improvement: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. environment the courts of every sector within the context in their country's monetary, political, and social dynamics, this ebook exhibits how and why Asian courts have gone through such profound changes lately and predicts the long run trajectories of culture, transition and globalization to signify the demanding situations and advancements that lie forward.
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Extra resources for Asian Courts in Context
206. 3. 3. introduction 33 Intriguingly, the two socialist legal systems – China and Vietnam – included in this book have not provided judges with life tenure. 157 In China, judges of all levels are appointed and removed by the standing committees of the people’s congresses at the corresponding level, and the presidents of courts at all levels are elected and removed by the people’s congress at that level. 158 While life tenure fosters judicial independence, it may compromise judicial accountability, which is of particular importance to the court of last resort.
In contrast, Japan, Korea, Taiwan and Singapore have fewer special courts or tribunals. In what follows, we ﬁnd that in Asia these special courts or tribunals are created primarily in response to economic and related challenges, and they may also be created as accommodations for speciﬁc needs in matters concerning family, religion or indigenous minorities. However, the structural design of these special courts or tribunals remains a serious challenge to their effective functioning and independence.
35, para. 1. 1. 172 As expressed in the country chapters, the challenges of legal education in Asia are twofold. The ﬁrst challenge is the homogeneous and bureaucratic nature of legal professionals resulting from elite-centered legal education systems and competitive examination processes. 175 In China, the quality of legal education has recently substantially improved as a result of both government reforms and overseas funding. Yet, the fact that a law degree is not a prerequisite for becoming a lawyer or a judge, continues to undermine the importance of legal education.