• Commentary
  • Research
  • Experts
  • Events
Carnegie China logoCarnegie lettermark logo
China’s Evolving Legal System
Report
Carnegie China

China’s Evolving Legal System

In the past three decades, China’s legal system has undergone significant reform. Although a recent study shows improvement, China’s legal reform remains a work in progress.

Link Copied
By Minxin Pei, Zhang Guoyan, Pei Fei, Chen Lixin
Published on Feb 3, 2009

Additional Links

Survey Results

In the past three decades, China’s legal system has undergone significant reform. But only a few empirical studies have tried to measure whether the reforms are succeeding in protecting the rights of individuals or businesses. To come up with a better understanding of how well China’s revamped legal system is performing in the protection of property rights, Minxin Pei worked with a group of researchers at the Shanghai Academy of Social Sciences to conduct two surveys of litigants in Shanghai covering 214 individuals and 190 companies. Respondents were asked a range of questions about their cases, including their preparations for trials and court proceedings.  

Results of the study were mixed. While roughly half of corporate litigants admit to giving judges gifts or banquets to sway legal decisions in their favor, only 8% of litigants who lost their case thought that it was due to preferential treatment. Only one-fifth of respondents reported that rulings were fully enforced, but a majority were satisfied with the process, claiming that the outcome was consistent with their expectations.
 
The general picture of China’s courts this study provides is also mixed. At least in Shanghai, the system is far from perfect, yet the majority of litigants are satisfied to have a legal recourse that may help resolve commercial disputes and protect their legitimate rights.  Like most other studies on China’s legal system, these two surveys confirm that China’s legal reform remains a work in progress.

About the Authors

Minxin Pei

Former Adjunct Senior Associate, Asia Program

Pei is Tom and Margot Pritzker ‘72 Professor of Government and the director of the Keck Center for International and Strategic Studies at Claremont McKenna College.

Zhang Guoyan

Pei Fei

Chen Lixin

Authors

Minxin Pei
Former Adjunct Senior Associate, Asia Program
Minxin Pei
Zhang Guoyan
Pei Fei
Chen Lixin
East AsiaChinaPolitical ReformDemocracyDomestic Politics

Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.

More Work from Carnegie China

  • Commentary
    China Sells Stability Amid American Volatility

    U.S. unpredictability has allowed China to capitalize on its positioning as the “responsible great power”. Paradoxically, the more China wins the perception game, the more likely expectations will rise for Beijing to deliver not just words but to demonstrate with its deeds.

      Chong Ja Ian

  • Vietnam's Top Leader To Lam meets with young representatives from China and Vietnam participating in the "Red Study Tours" at the Great Hall of the People on April 15, 2026 in Beijing, China. T
    Commentary
    Why Vietnam Is Swinging in China’s Direction

    Hanoi and Beijing have long treated each other as distant cousins rather than comrades in arms. That might be changing as both sides draw closer to hedge against uncertainty and America’s erratic behavior.

      • Nguyen-khac-giang

      Nguyễn Khắc Giang

  • Commentary
    China’s Energy Security Doesn’t Run Through Hormuz but Through the Electrification of Everything

    Across Asia, China is better positioned to withstand energy shocks from the fallout of the Iran war. Its abundant coal capacity can ensure stability in the near term. Yet at the same time, the country’s energy transition away from coal will make it even less vulnerable during the next shock.


      • Damien Ma

      Damien Ma

  • Xi walking into a room with people standing and applauding around him
    Commentary
    Emissary
    The Xi Doctrine Zeros in on “High-Quality Development” for China’s Economic Future

    In the latest Five-Year Plan, the Chinese president cements the shift to an innovation-driven economy over a consumption-driven one.

      • Damien Ma

      Damien Ma

  • Commentary
    When It Comes to Superpower Geopolitics, Malaysia Is Staunchly Nonpartisan

    For Malaysia, the conjunction that works is “and” not “or” when it comes to the United States and China.

      Elina Noor

Get more news and analysis from
Carnegie China
Carnegie China logo, white
Keck Seng Tower133 Cecil Street #10-01ASingapore, 069535Phone: +65 9650 7648
  • Research
  • About
  • Experts
  • Events
  • Contact
  • Careers
  • Privacy
  • For Media
Get more news and analysis from
Carnegie China
© 2026 Carnegie Endowment for International Peace. All rights reserved.