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5 - Judicial Reform in China: The Status Quo and Future Directions

Published online by Cambridge University Press:  24 February 2022

Weidong Ji
Affiliation:
Shanghai Jiao Tong University, China
Xi Lin
Affiliation:
Fudan University, Shanghai
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Summary

China has experienced a fundamental change in its mode of economic management since its reforming and opening up to the outside world: from ex ante administrative permits and direct regulation to ex post judicial remedies and indirect restraint. According to a Chinese economist, it is characterized by “progressive interference of the judiciary in the market control” (Zhou 2004, p.262). The proper role of the judiciary in the market economy depends on its strict impartiality and final ruling, which call for a higher degree of judicial independence and a higher level of judicial technique. However, in light of the existing institutions and their practices, China’s judicial power is unique because the principle of judicial independence is not established in its operation.

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Chapter
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Towards the Rule of Law in China
Social Diversification and the Power System
, pp. 138 - 256
Publisher: Cambridge University Press
Print publication year: 2022

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