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8 E. Asia L. Rev. 1 (2012-2013)

handle is hein.journals/etalr8 and id is 1 raw text is: Courtroom Drama With Chinese Characteristics:
A Comparative Approach to Legal Process in
Chinese Cinema
Stephen McIntyre
While previous law and film  scholarship has concentrated mainly on
Hollywood films, this article examines legal themes in Chinese cinema. It argues
that Chinese films do not simply mimic Western conventions when portraying the
courtroom, but draw upon a centuries-old, indigenous tradition of court case
(gong'an) melodrama.
Like Hollywood cinema, gong'an drama seizes upon the dramatic and narrative
potential of legal trials. Yet, while Hollywood trial films turn viewers into jurors,
pushing them back and forth between the competing stories that emerge from the
adversarial process, gong'an drama eschews any recognition of opposing
narratives, instead centering on the punishment of decidedly guilty criminals. The
moral clarity and punitive sense of justice that characterize gong'an drama are
manifest in China's modern-day legal system and in Chinese cinema.
An analysis of Tokyo Trial, a 2006 Chinese film about the post-World War H war
crimes trial in Japan, demonstrates the lasting influence of gong'an drama.
Although Tokyo Trial resembles Hollywood courtroom drama in many respects, it
remains faithful to the gong'an model. This highlights the robustness of China's
native gong'an tradition and the attitudes underlying it.
J.D., Duke University School of Law; M.A., East Asian Studies, Duke University; B.A.,
Chinese, Brigham Young University. I thank Professor Guo Juin Hong for his valuable
comments and encouragement. I also thank those who attended and participated in the
2011 Kentucky Foreign Language Conference at the University of Kentucky, at which I
presented an earlier version of this article.

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