| The signing of the Nanjing Treaty marked the advent of the unequal-treaty era in the history of Sino-Western relations. Against the background of the gradual expansion of intercourse between China and the West, Chinese people began to learn about the organization of modern Western courts through various channels. From parts to the whole, these cognitions can be roughly divided into four levels, that is, intuitive feeling, organizational function, institutional value, and operational knowledges. Corresponding to the above four levels of cognition are the following four functions, that is, an implement of civilization, a tool for the judgment of right or wrong, judicial independence, and a set of laws that included court organization law, civil procedure law, and criminal procedure law. These cognitions, as an ideological resource, had either deeply or shallowly affected the creation and operation of the modern court system in China. In other words, the Chinese people's cognitive level of the court, and the ability to develop this cognitive level into a mature discourse system and to adapt to changes in public and private lives, determined the survival state of the court as an exotic product at that time in this ancient country. |
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