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10 Tulsa J. Comp. & Int'l L. 419 (2002-2003)
Burden of Proof: Developments in Modern Chinese Evidence Rules

handle is hein.journals/tulcint10 and id is 427 raw text is: BURDEN OF PROOF: DEVELOPMENTS IN MODERN CHINESE EVIDENCE RULES Mo Zhangt Paul J. Zwier One of the most interesting developments in China since its entrance into the World Trade Organization (WTO) has been the Chinese government's apparent commitment to the rule of law. As a matter of fact, since 1999 when the Chinese Constitution was amended by the nation's legislative body, the National People's Congress, promoting the rule of law has become the constitutional mandate in the nation.' Although there exists significant conceptual differences between Chinese and Western scholars in what would constitute the rule of law,2 the rule of law has been commonly understood in China to mean Associate Professor of Law, Temple University Beasley School of Law, and Director of Temple University Law Program in China. tt Professor of Law, Emory University, School of Law. Special thanks to the University of Tennessee College of Law for providing research and travel support for the writing of this paper. 1. On March 15, 1999, Article 5 of the Constitution of the People's Republic of China was amended to add one paragraph which read: The People's Republic of China is committed to governing the country according to law and constructing it a socialist country ruled by law. XIANFA art. 5 (1982) (amended 1999) (China Legal Publishing House 2001) (Constitution of the People's Republic of China). 2. WANG CHENGUANG, INTRODUCTION TO CHINESE LAW 13-15 (Sweet & Maxwell Asia 1997). See also JEROME A. COHEN, Foreword to THE RULE OF LAW, PERSPECTIVES FROM THE PACIFIC RIM, at xi-xiv (Mansfield Center for Pacific Affairs 2000). According to Professor Cohen, although many East Asians came to see the Rule of Law in its best sense as holding out the promise of improved government, enhanced protection of individual rights, and greater economic development and international cooperation, for others - especially those who lived under colonialism - Western-style law, like their own traditional legal systems, was seen as an instrument of control and even oppression rather than the finest achievement of civilization. Professor Cohen further indicates that the West, of course, like the East in reality consists of a host of individual countries, each of which constitutes the daily struggle of perfecting its own distinctive version of the Rule of Law in its particular national context.

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