A Study of the Logic and Frame Work on the Restructure of Government in China

本项目旨在探讨中国国家体制重组的原因和现状。为此，我们在中国六个主要城市的国家和地方立法机关、行政机关、法院、检察院、大学和其他研究机构进行了广泛的采访。这些访谈的结果表明如下事实。首先，考虑到为应对市场经济的崛起而实现小政府（如果在一党执政的基本框架内），行政结构的优化、政府部门的重组和简化以及人员的大幅削减正在迅速进行。但是，我们不能完全透露地方改革的进展程度。第二，沿海大城市的法院和检察院努力提高法官和检察官的素质。结果，司法独立所依靠的专业律师团体正在兴起。改革的努力是复杂的：法院急于确立审判的合法性；检察机关正在考虑回归苏联一般监督制度的可能性，而一些西方地方城市难以找到足够胜任的律师来实施改革。第三，一些大学的法律系设立了新的研究生硕士课程，以培养法律专业的专家。此外，一项新的国家法律考试要求考生具有学士学位，这促使大学在培养法律专业人才方面发挥更大的作用。总之，由于这些改革努力才刚刚开始，中国需要几年的时间才能建立一个稳定的国家法律体系。本项目为学术交流和进一步的研究奠定了坚实的基础。

This project aims at investigating the reason for and the current state of the reorganization of China's national system. For this purpose we conducted extensive interviews at national and local legislative bodies, administrative agencies, courts, prosecutor's offices, and universities and other research institutions in six major cities in China.The findings of these interviews suggest such facts as follow. First, in view of the realization of small government in response to rising market economy (if within the basic framework of the one party rule), the optimization of administrative sturcture, the reorganization and simplification of the competence of governmental offices, and the drastic personnel cuts are proceeding apace. We, however, could not fully reveal the extent to which the reform has proceeded in localities. Second, courts and prosecutor's office in coastal big cities have made an effort to improve the qualities of judges and prosecutors. As a result the groups of professional lawyers, on whose shoulders the independence of the judiciary rests, are arising. The reform efforts are complicated : courts are anxious to establish the legitimacy of trials ; prosecutor's offices are considering the possibility to return to the Soviet system of general supervision and some western local cities have difficulty in securing enough competent lawyers, who could carry out reforms. Third, several universities' law departments have established new graduate master courses for the purpose of training specialists in the law profession. In addition to this, a new state law examination, which requires a bachelor degree from its candidate, urges universities to fulfill a greater role in training legal professionals. In sum, because these reform efforts have just begun, it will take several years for China to reach a stable national legal system.This project has laid solid foundations for a scholarly exchange and the further investigation.