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Sample Personal Statement for University of California at Berkeley
Graduating in xxxxx from a law school where I was instructed in
concepts of democracy and the rule of law, I became a public servant
at the Politics and Law Committee of xxxxxxxx, dutifully and
conscientiously executing the instructions of my superiors. In xxxxx,
I was promoted to the vice presiding judge of a local court. As the
name of my organization indicates, politics and law are in close
marriage in China and this marriage informs the legal environment of
present-day China.
Presently, the legal system of China has a dual role to play. On one
hand, in a country where political ideology predominates, the legal
system largely becomes the instrument of the political will of the
government. On an underlying level, the level of bureaucracy culture,
is the tendency and the behavior on the part of the bureaucrats to
oppose constitutional government and judicial independence. Therefore,
compared with politics, the rule of law is always marginalized. On the
other hand, with the transition to a market economy, China is
undergoing dramatic social and economic transformations. As the
transition continues, executive authority over the society’s economic
life will be dramatically undermined, losing its overriding importance
it once enjoyed. This will be the optimum time for the rule of law to
enter the economic and social life with unprecedented intensity and
breadth. The rule of law will represent a noteworthy power and may
well become the motive force behind judicial reform.
The confrontation between those two roles is essentially a conflict
between Chinese traditional culture and the current social reality. It
also reflects the conflict between China’s cultural traditions and the
real world which have largely come under the influence of western
democracy and civilization. I wish to study the essence of democracy
and freedom of the west, study the western political and legal
theories, and doctrines about individual freedom and judicial
independence. Many of the western values share a border with the
traditional values as advocated by China’s Confucian philosophy. If an
integration or incorporation between western values and Confucian
values is realized, then the Chinese society as a whole can walk out
of the valley of history. Prof. xxxx is a leading representative of
Confucian philosophy in modern China. In the book xxxxxxxxx that he
published, he examines the possibility of how to exploit the legacy of
political theories in Confucianism to meet the needs of China’s
current and future construction of the legal system and national
constitutionalism. Prof. xxxx is a pioneering attempt, indicating that
the Chinese scholars are seeking their own approaches to establish a
free, democratic and independent constitutional government with deep
roots in its own traditional culture.
In my proposed LLM program, I wish to focus on two areas—comparative
legal studies and international legal studies. With acquired knowledge
in those two fields, I wish to become part of larger campaign in
promoting the social and legal experiments of the Chinese society. The
key to realizing judicial justice lies in the establishment of a sound
institutional mechanism. In the comparative legal studies, I expect to
systematically study European and American legal systems, the
conditions for their genesis and development, and the composition of
those legal systems. In particular, I will focus on (1) the
distribution of the judicial power, the legislative power, and the
executive power; (2) the system of choosing and appointing judges; (3)
the non-administrative internal management of the court; (4), how to
construct a set of sound judicial ethics; and (5) how to establish the
social credibility of the judiciary. Then I hope to make an in-depth
comparative study of Sino-American legal systems and the social and
cultural soils that gave rise to those two systems. I may borrow many
useful experiences from American legal system which may provide
solutions to some of China’s legal problems. In my research, I also
wish to uncover general rules for legal development in different
countries.
According to Tocqueville, different systems of jurisprudence have
their own specialized features, with their individual historical
tradition, concepts, system of knowledge and methodology. The
particularity of legal traditions, knowledge, and methodology is
deeply entrenched in different historical background. In my study, I
will explore how the construction of democracy and the rule of law are
possible under different social and cultural traditions. The
comparison between China’s legal reality and legal practices with
those of the United States will be my focus and, hopefully, the
comparison will shed light on useful approaches conducive to China’s
legal reform and democratization.
In my international legal studies, I intend to investigate into
possible measures that can be used to facilitate China’s legal reform
under the impact of external factors such as WTO, specific provisions
in international law, western culture, etc. However, my most vital
concern in my study of western legal systems will be to understand how
to systematically prevent and restrict the encroachment of political
power upon the rule of law. I admire Prof. xxxx, whom I would like to
identify as my potential advisor, for his in-depth knowledge of the
Chinese society and its legal system. I wish to attend the courses
that he offers in the LLM program such as CHINA AND WTO, THE IMPACT OF
THE WEST ON CHINESE LAW FORM. It would be an immense pleasure to work
together with him. Meanwhile, I would also like to identify Prof.
xxxxxx as another possible advisor under whom I desire to
systematically study WTO’s impact on China’s legal system and many
important issues in international trade law. I would like to study
both public law and private law, especially those that are immediately
connected with WTO framework. Though newly-created, xxxxxx situated in
xxxxxx region where I come from is the largest among the four cities
directly affiliated to the Central Government. In the country’s
campaign to develop the west, xxxxxx plays a vital role as the
region’s hub of the most vibrant economy and foreign investment. As
the city becomes increasingly integrated with the rest of the world,
legal professionals with a sound knowledge of international law will
be sorely demanded.
It is my sincere wish that I can be admitted into xxxx’s LLM program.
With its liberal academic atmosphere, intellectual tolerance, and
innovative spirit, xxxx as a prestigious world-class institution will
expose me to the most accomplished faculty, the most nurturing
education, and the best research environment. I will apply the
knowledge I acquire from your program to the development of legal
systems in western China.
Upon completing your program, I will return to my current
organization. Your program will help me establish a groundbreaking
precedent. Within the judicial system of xxxx, none of the practicing
judges have ever received a systematic western gradate legal
education! This is totally incongruous with Xxxxx as a newly-created
city directly affiliated to the central government of China. Through
your program, I will acquire knowledge and experience not only
necessary for my personal development but also for perfecting the
legal systems in Xxxxx. This is highly likely because as the sole
judge with a systematic academic training in a top U.S. law school, I
will stand great chances for successive promotions to senior
positions, which will put me in a unique and best position to
implement my ideals. Therefore, my present application transcends a
merely personal level.
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