Published online by Cambridge University Press: 24 February 2022
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.