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Chinese Women in Legal Education Indiana Journal of Global Legal Studies Volume 20 Issue 2 Article 25 Summer 2013 Chinese Women in Legal Education Xiaonan Liu China University of Political Science and Law Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls Part of the International Law Commons, Law and Gender Commons, Law and Society Commons, Legal Education Commons, and the Legal Profession Commons Recommended Citation Liu, Xiaonan (2013) "Chinese Women in Legal Education," Indiana Journal of Global Legal Studies: Vol. 20 : Iss. 2 , Article 25. Available at: https://www.repository.law.indiana.edu/ijgls/vol20/iss2/25 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Chinese Women in Legal Education XIAONAN LIu* ABSTRACT This paper examines the history and development of women entering legal education in China. Based on a survey, interviews, and archival research, this paper attempts to analyze Chinese women's current status in legal education and reaches the conclusion that although women have made significant gains in legal education, they are still facing gender discriminationand bias in the legal sector. The paper also looks into the reasons why women have in the past belonged to "the other" in the legal area, and whether there is any conflict between 'egal characteristics" and "feminine characteristics."It attempts to break the constraint caused by dualism and gender essentialism. I. THE HISTORY OF CHINESE WOMEN'S ENTRY INTO LEGAL EDUCATION Over thousands of years of Chinese history, Chinese women had a subordinate social status to men not only in the political and economic arenas, but also within the family. This has been attributed to the longstanding historical influence of Confucianism, which held that men were naturally superior to women. Accordingly, women were generally excluded from the formal education system. Not until the modern era, with the development of feminism as well as the introduction of western democratic ideas, did the Chinese higher education system begin to relax its prohibition against female enrollment and allow women to have access to schools.' In 1919, eight years after the 1911 revolution that overthrew China's last royal dynasty, Beijing Women's Normal College was established, which upgraded to National Women's Normal University in 1924, becoming the first national college for women * Xiaonan Liu is an Associate Professor at China University of Political Science and Law. 1. AN SHUFEN (3M4), ZHONG GUO NO XING GAO DENG JIAO YU DE LI SHI YU XIAN ZHUANG YAN JIU ( [CHINESE HIGHER EDUCATION FOR WOMEN PAST AND PRESENT] 116 (2002). Indiana Journal of Global Legal Studies Vol. 20, Issue 2 (2013) @Indiana University Maurer School of Law 1311 1312 INDIANA JOURNAL OF GLOBAL LEGAL STUDIES 20:2 established by the Chinese Republican government. 2 In 1922, the newly-implemented education system called "Renxu Xuezhi $IJ" (The 1922 Institutionalization of Education Act) legally affirmed, for the first time, that women's rights to receive an education should be equal to those of men at every level of schooling; it also affirmed the existence of higher education institutions for women.3 In principle, the 1922 education act gave a green light for women to enroll in any type of school or college, not only the independent women's colleges. However, because the concept of male-female social equality was so new at that time, and broader restrictions on women's activities remained prevalent, discrimination in education was still widespread. A large number of universities were not accessible to women before the 1930s. As a result, during 1922-1923, for example, female college students only accounted for 2.54 percent of the total number of college students. Even in 1928-1929, female college students only accounted for 8.42 percent of all students.4 In short, opportunities for women to receive higher education were extremely limited during that period. The establishment of the law department at Beiyang University in Tianjin in October 1895 marked the beginning of modern higher legal education in China.5 However, at that time, only male students could be enrolled. Soon after the Revolution of 1911, an advertisement published in Shanghai's Minli newspaper announced that a women's college of law and politics would be founded and prospective female law students were being sought.6 Unfortunately, women in Shanghai showed little interest in this advertisement, and the women's college of law closed quickly.7 In the 1920s, Shanghai University of Law and Politics and Shanghai University of Law both opened their doors to women, but the number of enrolled female students was very low.8 Shi Liang, who later became the first minister of justice in the People's Republic of China, recalled that when she graduated from Shanghai University of Law in 1927, there 2. JIANG LI-JING (M ), From Periphery to Center: Approaching Beijing Women's Normal College, J. HIGHER EDUC. Nov. 2009, at 80. 3. AN SHUFEN (JtIIM), ZHONGGUO ND XING GAO DENG JIAO YU DE LI SHI YU XIAN ZHUANG YAN JIU ( [CHINESE HIGHER EDUCATION FOR WOMEN PAST AND PRESENT] 116 (2002). 4. Id. at 121. 5. WANG JIAN (TE1), ZHONGGUO JIN DAI DE FA LU JIAO YU (P Wff !WS ) [LEGAL EDUCATION IN MODERN CHINA] 154 (2001). 6. Sun Huei-min (4NWA), MIN Guo SHI QI SHANG HAI DE NO LO SHI ([Miilif4gthlgL kijlil927-1949) [Women Lawyers in Republican Shanghai (1927-1949)], 14 JIN DAI ZHONGGUO FU NT3 SHI YAN JIU (Aft5118AP@) [RES. ON WOMEN MOD. CHINESE HIST.] 51, 56 (2006). 7. Id. at 57. 8. Id. at 59. CHINESE WOMEN IN LEGAL EDUCATION 1313 were only three female graduates in the whole university.9 According to a registration book of graduates of the Shanghai University of Law and Politics published in 1933, a total of 444 students graduated from the departments of law and politics between 1927 and 1932, but there were only eighteen female graduates among them. 10 The registration books (1931-1948) of the Shanghai University of Law show that among the 747 college graduates from the department of law, only 8 percent, or 62 graduates, were female." The most prestigious law school of that period, at Soochow University, was established in 1915, but did not admit women until 1928. Three years later the first group of female students graduated from the law school. In the academic year of 1933-1934, there were twenty-eight female students at Soochow Law School, almost 10 percent of the student body.12 9. Id. 10. Id. 11. Id. at 60. 12. Yang Dachun (#k*@), ZHONG GUO YING MEI FA XUE JIAO YU DE YAO LAN (+ lrMA) [The Cradle of British and American Law Education in China], DONG WU FA XUE (3-RM*) [SOOCHOW L.J.] 18 (2003). 1314 INDIANA JOURNAL OF GLOBAL LEGAL STUDIES 20:2 Table 1. National Statistics of the Number of Colleges and Students in 1923 Types of Number of Colleges Number of Students Universities/ Male Female Sub Male Female Sub Colleges Total Total Universities 34 1 35 12,692 431 13,123 Teacher's 7 1 8 2,809 284 3,093 Colleges Agriculture 7 0 7 1,271 0 1,271 Colleges Engineering 13 0 13 2,018 8 2,026 Colleges Business 8 0 8 1,887 3 1,890 Colleges Medical 7 0 7 815 17 832 Colleges Law 33 0 33 10,851 13 10,864 Colleges Others 14 0 14 1,650 131 1,781 Total 123 2 125 33,993 887 34,880 Source: Yu Qingtang ( San shi wu nian lai zhong guo zhi nui zi jiao yu (7+E2F- ) [Chinese women's Education in past 35 years], Zhong guo fu nil shi lun wen ji ( [paper collection of the history of chinese Women] li you ning & zhang yu fa ($ ,t ), 364 (1981). Table 2. National Statistics on Postgraduate Education in 1947 Total Arts Law Education Science and Engineering Male 366 87 91 26 162 Female 58 19 7 1 31 Source: An Shufen ( Of ), Zhongguo nil xing gao deng jiao yu de li shi yu xian zhuang yan jiu ( Sgfti. )V'[M [Chinese Higher Education for Women Past and Present] 100 (2002). No female teachers existed at law schools in China before World War II, but beginning in the late 1940s, law schools began to hire their CHINESE WOMEN IN LEGAL EDUCATION 1315 female graduates to join their faculties. 13 In 1947, there were five women on the faculty of Soochow Law School, four of whom were Soochow Law graduates, but only two of whom taught law. 14 These two women were Cecilia Sieu-ling Zung (class of 1934) and Grace M.T. Tan (class of 1937), both of whom had also obtained S.J.D. degrees from New York University (Tan in 1939, Zung in 1942).15 II. THE CURRENT GENDER COMPOSITION OF LEGAL EDUCATION IN CHINA The Chinese Constitution and other laws thoroughly affirm that women have equal rights in culture, education, economic life, and politics.16 Not only the number of women in higher education, but also the level of the academic degrees earned by women, have risen tremendously in China since 1949.17 With the increase in the number of female students, the number of female professors has also increased.1 8 However, the only available statistics concerning student and faculty gender in China are for higher education as a whole, and not for legal education specifically; Chinese law schools generally do not release data about the gender of their own faculty and students.
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