10 Most Influential Chinese Lawyers and Scholars

Published in

Heritage Digest

14 min readJan 24, 2024

China’s legal history is rich and complex, shaped by the contributions of many remarkable lawyers. These legal minds have influenced Chinese law and left an indelible mark on global legal practices. This article highlights ten of the most influential Chinese lawyers whose work and legacies have stood the test of time.

Shen Jiaben (1840–1913)
Wang Chonghui (1881–1958)
Dong Biwu (1886–1975)
Bao Tong (1932–2022)
Fei Xiaotong (1910–2005)
Tong Zeng (1956-Present)
Zhang Sizhi (1927–2022)
Wang Hanbin (1925-Present)
He Weifang (1960-Present)
Xu Zhiyong (1973-Present)

1. Shen Jiaben (1840–1913)

Shen Jiaben, born in 1840 in Huzhou, Zhejiang province, was a distinguished Late Qing Chinese politician and jurist. His upbringing in this region, known for its rich cultural and educational heritage, likely influenced his intellectual development. His early life details, including information about his parents and their occupations, are not widely documented. However, his successful attainment of the jinshi degree in 1883, one of the highest and most prestigious academic degrees in the imperial examination system, highlights his academic excellence and intellectual capabilities.

Significant contributions to the legal and judicial reform in Qing China marked Shen’s career. His tenure as the Prefect of Tianjin from 1893 to 1897 and later as the Vice Minister of Justice laid the foundation for his major achievements in legal reform. Appointed as the Secretary of Enactment along with Wu Tingfang, Shen was crucial in reorganizing the Codification Office into the Enactment Office. He spearheaded the translation of foreign laws, demonstrating his commitment to modernizing China’s legal system by incorporating Western legal principles.

Shen’s legacy is most prominently reflected in his role in the 1905 revision of the Qing Code. Alongside Wu, he was instrumental in abolishing barbaric punishments like “slow slicing” (lingchi), marking a significant advancement in Chinese legal history towards more humane practices. His establishment of the Imperial Law College in 1906 further underscored his dedication to legal education and reform. As the Minister of Justice from 1911 to 1912 under Yuan Shikai’s cabinet, Shen’s influence extended into the early Republican era. His posthumous works are regarded as seminal monographs on Chinese law history. Shen Jiaben passed away in 1913, leaving a legacy as a pioneering figure in the modernization of China’s legal system.

2. Wang Chonghui (1881–1958)

Wang Chonghui was born in 1881 in Hong Kong, a significant international port and British colony at the time. His birthplace likely exposed him to a blend of Eastern and Western cultures early on. While specific details about his parents and their professions are not widely documented, Wang’s early education and subsequent academic pursuits suggest that he grew up in an environment that valued learning and intellectual development. He graduated from Peiyang University (now merged with Tianjin University) in 1900, where he studied law, laying the foundation for his illustrious legal career.

Wang’s higher education was marked by an international dimension, reflecting his intellectual breadth. After initially teaching at Nanyang Public School, he continued his studies in Japan and the United States, attending the University of California, Berkeley, and Yale University. At Yale Law School, he earned a Doctor of Civil Law degree in 1905. Wang’s academic journey also included being called to the bar by the Middle Temple in 1907 and translating the German Civil Code into English, showcasing his proficiency in legal studies and languages.

Significant contributions to the legal and political landscape of the Republic of China characterized Wang Chonghui’s career. As a close associate of Sun Yat-sen and an active member of the Kuomintang, he played a pivotal role in shaping the nation’s legal system. His service as the first minister of foreign affairs of the Republic of China in 1912, and later as minister of justice, was instrumental in drafting the republic’s provisional constitution. His tenure as the chief justice of the Chinese Supreme Court in 1920 and his involvement in formulating the criminal and civil codes were key milestones. Moreover, his role in the Permanent Court of International Justice highlighted his international stature as a jurist. Wang Chonghui passed away in 1958, leaving a lasting impact on the legal and political realms of the Republic of China.

3. Dong Biwu (1886–1975)

Dong Biwu, a prominent figure in Chinese law and politics history, was born on March 5, 1886, in Huanggang, Hubei. He hails from a landlord family and receives a classical education. In 1911, Dong actively participated in the Wuchang Uprising and pursued law studies in Japan at Nihon University. His early exposure to revolutionary ideals saw him join Sun Yat-sen’s Chinese Revolutionary Party. His legal education and involvement in anti-Yuan Shikai activities in Hubei, which resulted in a brief imprisonment, underscored his early commitment to political change in China.

A seamless blend of legal expertise and revolutionary activism marked Dong’s career. After studying in Japan, he became deeply involved in the Chinese Communist Party (CCP), attending its 1st National Congress in 1921 alongside Mao Zedong. His dual membership in the Kuomintang and the CCP during the 1920s highlighted his initial efforts to balance China's dominant political forces. However, as tensions escalated, Dong sided with the Communists and played a significant role in the Jiangxi Soviet, advocating Mao Zedong’s leadership. His participation in the Long March and subsequent role as one of the “Five Elders of Yan’an” solidified his status as a key figure in the CCP.

Dong’s legal and diplomatic acumen was evident throughout his career. He represented the CCP in various capacities, including attending the founding session of the United Nations in 1945. After establishing the People’s Republic of China in 1949, he served in several high-profile roles, including the Director of the Finance and Economic Committee and President of the Supreme People’s Court. His diplomatic missions in the 1950s, including leading a delegation to Eastern Europe and the Soviet Union, showcased his international influence. Despite the political upheavals of the Cultural Revolution, Dong’s close relationship with Mao Zedong helped him maintain his position and rise to even greater prominence, culminating in his role as Acting President of China from 1972 until he died in 1975. Dong Biwu’s legacy as a founder of China’s socialist legal system and a pivotal figure in its political history was cemented by his enduring contributions to the country’s legal and political structures.

4. Bao Tong (1932–2022)

Bao Tong, born on November 5, 1932, in Haining, Zhejiang Province, was a Chinese writer and activist who played a significant role in the political reforms of the People’s Republic of China. Raised in Shanghai, Bao was deeply influenced by his uncle, Wu Shichang, a prominent political commentator. This early exposure to political liberalism and left-wing ideology shaped his outlook and led him to join the underground Chinese Communist Party in 1949, before its ascent to power. His education in Shanghai’s Nanyang High School further solidified his political leanings, as did his marriage to Jiang Zongcao, a fervent participant in the communist underground.

In his governmental career, Bao’s legal acumen became evident. His initial recruitment to work for the Communist government, despite being destined for university, marked the beginning of a lifelong commitment to public service. Rising through the ranks, he became closely associated with Zhao Ziyang, serving as his Policy Secretary and playing a pivotal role in shaping China’s political reform and economic policies. Bao’s influence was particularly notable as the Director of the Office of Political Reform of the CCP Central Committee and as a key figure in the Drafting Committee for the CCP’s 13th Party Congresses, which advocated market reform and opening up under Deng Xiaoping.

Bao Tong’s career, however, faced a significant setback due to his sympathetic stance towards the 1989 Tiananmen Square protesters. His arrest just before the June Fourth incident marked the end of his government career and began a period of imprisonment and subsequent house arrest. Bao was the highest government official to be charged with the 1989 movement, convicted of “revealing state secrets and counter-revolutionary propagandizing.” Despite these challenges, Bao continued to advocate for political reform and human rights, becoming a vocal critic of the government’s policies in his later years. He passed away on November 9, 2022, leaving a legacy as a reformist and a voice for political change in China.

5. Fei Xiaotong (1910–2005)

Fei Xiaotong, born November 2, 1910, in Wujiang County, Jiangsu Province, China, was a distinguished Chinese anthropologist and sociologist. He grew up in a family that valued education and social awareness. His father, Fei Pu’an, was well-versed in Chinese classics and had studied in Japan. Fei’s mother, Yang Renlan, the daughter of a government official, was also highly educated and established a nursery school in Wujiang. These family influences, and his uncle Wu Shichang’s political commentary shaped Fei’s intellectual development from an early age.

Fei Xiaotong’s academic journey began at Yenching University, where the visit of Robert E. Park, a renowned sociologist from the University of Chicago, deeply influenced him. Fei’s pursuit of knowledge in anthropology led him to Tsinghua University, where he studied under Pan Guangdan and learned fieldwork methods from S. M. Shirokogoroff. His initial fieldwork in Guangxi was marked by personal tragedy, as his young bride died while seeking help for Fei, whom a tiger trap had injured. Fei continued his studies in anthropology at the London School of Economics under Bronisław Malinowski and A.R. Radcliffe-Brown, focusing on functional interrelationships within communities and the meaning of culture from the perspective of its members. His PhD thesis, “Peasant Life in China,” became a seminal work in the field.

Fei Xiaotong’s contributions to anthropology and sociology were significant. He introduced the concept of Chinese social relations based on personal networks centered around the self, a model that has been widely recognized and critiqued. Despite some criticisms for oversimplification, Fei’s work provided a foundational understanding of Chinese society and culture. His role as a leading intellectual in the People’s Republic of China was prominent despite facing challenges during political upheavals like the Cultural Revolution. In his later years, Fei played a crucial role in reviving sociology and anthropology in China, fostering international academic exchanges and influencing government policies on rural industrialization and national minorities. He remained a Professor of Sociology at Peking University until his death on April 24, 2005.

6. Tong Zeng (1956-Present)

Tong Zeng, born on June 3, 1956, in Chongqing, China, to a well-educated family, has been a prominent Chinese scholar, peace activist, and businessman. His father, Tong Qiangmeng, graduated from Chongqing University’s mechanical department, and his mother, Mu Huifang, was an accounting graduate. Influenced by his family’s academic environment, Tong developed a strong sense of social responsibility and intellectual curiosity from a young age.

Educated in economics at Sichuan University, Tong Zeng later pursued a master’s degree in law at Peking University. His academic journey was marked by a commitment to social and legal issues, evident in his writings and theories during his postgraduate studies. His early career as a teacher in rural elementary and middle schools and his insights into “the theory of the new period,” focusing on spiritual, material, environmental, and institutional civilizations, highlight his multidisciplinary approach to understanding societal dynamics.

Tong Zeng’s most notable contribution has been his activism in demanding compensation from Japan for atrocities committed during World War II. His seminal “Book of Ten Thousand Words” in 1990 sparked a civil movement in China, advocating for the rights and dignity of war victims. This initiative brought him international recognition, including nominations for the Nobel Peace Prize in 2015 and 2017. His advocacy for justice and peace, his opposition to projects like the Human Genome Project, and his controversial theories about SARS being a lab-produced virus demonstrate his unwavering commitment to social activism and his willingness to confront complex and often contentious issues.

7. Zhang Sizhi (1927–2022)

Zhang Sizhi, born on November 12, 1927, in Zhengzhou, China, grew up as the eldest of ten children in a family deeply rooted in traditional values. His father, Zhang Jingtang, was a respected practitioner of Chinese traditional medicine. This background instilled in Zhang a sense of discipline and respect for heritage, which later influenced his career path. From a young age, Zhang showed a keen interest in societal issues, a trait that would shape his future contributions as a legal professional.

Significant historical events marked Zhang’s educational journey. At 16, he joined the Chinese Expeditionary Force, reflecting his early engagement with national affairs. He later attended Chaoyang University and graduated from the People’s University of China in 1950. His academic pursuits laid a solid foundation for his legal career. However, during the Anti-Rightist Movement, Zhang faced a setback when he was labeled a rightist and sentenced to 15 years in a rural village. This experience gave him a unique perspective on justice and human rights, which later influenced his legal practices.

Renowned as “The lawyer’s conscience,” Zhang Sizhi’s legal career was distinguished by his fearless advocacy for justice and human rights. After returning to the legal field in 1979, he participated in significant trials, including the “Lin Biao Anti-Revolutionary Group Case” and “Jiang Qing Anti-Revolutionary Group Case.” His defense of prominent figures such as Jiang Qing highlighted his commitment to legal principles, even in politically charged cases. Post-1989, he continued this legacy by defending liberals and rights lawyers, cementing his reputation as a champion of justice. Zhang’s contributions to China’s legal system were profound and enduring, influencing generations of lawyers. He passed away on June 24, 2022, in Beijing, leaving behind a legacy of courage and integrity in law.

8. Wang Hanbin (1925-Present)

Wang Hanbin was born in 1925 in Hui’an, Fujian Province, China. His early life was marked by the turbulent times in China, which influenced his future political and legal career. Growing up during a period of significant political change, Wang’s early experiences likely instilled in him a deep understanding of the complexities of governance and law. While not detailed, his family background would have played a role in his upbringing and initial worldview.

Wang’s educational journey began with his graduation from the Southwest Union University in 1946, an institution known for its progressive and intellectual environment. This educational background gave him a solid political and legal studies foundation, crucial for his later contributions to Chinese law and politics. His decision to join the Chinese Communist Party in 1941 at a young age indicated his early commitment to the political ideals that would guide his career.

Throughout his career, Wang Hanbin made significant contributions to Chinese politics and law. After establishing the People’s Republic of China in 1949, he held various key positions, including secretary of the CCP Beijing Municipal Committee and deputy secretary-general of the Municipal Committee. His involvement in policy research at the Chinese Academy of Sciences and his role in the Central Committees of the CCP highlighted his influence in shaping national policies. Notably, his work as vice-chairman of the Hong Kong Basic Law Drafting Committee was crucial in forming the legal framework for the Hong Kong Special Administrative Region, reflecting his significant impact on legal and political affairs in China.

9. He Weifang (1960-Present)

He Weifang was born on July 17, 1960, in China. The details of his early life and upbringing are not extensively documented, but it is evident that his formative years were spent in China, undergoing significant political and social changes. These circumstances likely influenced his later career choices and his commitment to legal reform. The roles and professions of his parents are not specified, but their impact on his early life would have been foundational to his development.

Educationally, He Weifang laid a strong foundation in law, earning a Bachelor of Arts at Southwest University of Political Science & Law, followed by a Master of Laws at Peking College of Political Science and Law (now known as China University of Political Science and Law). This educational background prepared him for a distinguished academic and legal career. His transition from an associate professor at China University of Political Science and Law to a professor and Ph.D. adviser at Peking University marked significant progress in his professional journey, reflecting his deepening engagement with legal studies and reform.

He Weifang is best known for his efforts to reform the Chinese judicial system, a pursuit he has been dedicated to since 1992. His academic work, particularly modernizing China’s judicial system, has earned him recognition and the nickname “Justice He.” His notable works include “The Judicial Ideals and Institutions” and “The Ways to Carry Justice.” However, his outspoken nature, especially his support for Liu Xiaobo’s Charter 08, led to significant professional setbacks. Despite the challenges, including a forced resignation from Peking University and an imposed reassignment to Shihezi in Xinjiang, he advocated for legal reforms and freedom of speech, as evidenced by his speech at Stockholm University in 2010.

10. Xu Zhiyong (1973-Present)

Xu Zhiyong was born on March 2, 1973, in Minquan County, Henan Province, China. Details about his childhood and family background are scarce, but his subsequent legal professional and activist career suggests a deep commitment to social justice from an early age. His father’s and mother’s professions are not detailed in the available information, but their influence likely shaped his values and career path.

Educationally, Xu Zhiyong was well-prepared for his future role in activism and law. He earned his Bachelor of Law degree from Lanzhou University in 1994 and later obtained a Doctor of Law from Peking University in 2002. This solid legal background equipped him with the tools necessary for his later public interest law and activism work.

Xu’s major achievements are highlighted by his role in founding the NGO Open Constitution Initiative (Gongmeng) and his activism as a rights lawyer. He was known for campaigning against corruption and aiding the underprivileged. His efforts led to his election to the Haidian District People’s Congress and his key role in establishing the New Citizens’ Movement in China. However, his activism came at a personal cost: he was sentenced to four years in prison in 2014 for “gathering crowds to disrupt public order” and again detained in 2020, ultimately receiving a 14-year sentence in 2023 for “subversion.” Despite these setbacks, Xu remains a prominent figure in China's fight for civil rights and legal reform.