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2 - Halfway Home and a Long Way to Go

China's Rule of Law Evolution and the Global Road to Judicial Independence, Judicial Impartiality, and Judicial Integrity

Published online by Cambridge University Press:  05 June 2012

By
Keith E. Henderson
Edited by
Randall Peerenboom
Randall Peerenboom
Affiliation:
La Trobe University, Victoria
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Summary

This chapter focuses on an important issue under intense debate within many circles in China – the independence, impartiality, and integrity of the judiciary. The outcome of this debate has significant implications for China's future, for international judicial cooperation on a range of fronts, and for globalizing the rule of law in the developing world, where China has an ever-growing interest and influence.

China will not likely make the historic cultural, social, and legal transformation from the rule of man to the rule of law or realize her full economic and political potential over the long term without enhancing the independence, impartiality, integrity, and capacity of the judiciary. Global experience demonstrates that an independent judiciary is central to rule of law, and that it serves a number of important mutually supportive purposes, including: (i) safeguarding and enforcing people's property rights and human rights; (ii) resolving economic and political disputes; (iii) promoting international judicial cooperation fairly and predictably; (iv) addressing, mitigating, and preventing judicial and governmental corruption; (v) promoting social justice and social harmony; and (vi) promoting national and international political legitimacy. Because there are other institutional mechanisms in some countries that perform some of these essential tasks, particularly at the local and informal levels, most developing countries today are trying to create an independent judiciary with integrity as one of their long-term objectives. China is no exception.

Type
Chapter
Information
Judicial Independence in China
Lessons for Global Rule of Law Promotion
 , pp. 23 - 36
Publisher: Cambridge University Press
Print publication year: 2009

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References

Milhaupt, Curtis J. and Pistor, Katharina, Law and Capitalism (Chicago: University of Chicago Press, 2008)CrossRefGoogle Scholar
“A Framework for an Annual State of the Judiciary Report,” Canivet, , Andenas, , and Fairgreive, eds. Independence, Accountability and the Judiciary (United Kingdom: British Institute of International and Comparative Law, 2006)
Paul, Samuel, Holding the State to Account – Citizen Monitoring in Action (Bangalore: Books for Change, 2002)Google Scholar
,United States Agency for International Development, Lecce, Colliver, and Henderson, “Guidance for Promoting Judicial Independence and Impartiality, Appendix A” (2002), http://www.usaid.gov and http://www.ifes.org
Dung, Luu Tien, “Judicial Independence in Transitional Countries,” (2003), http://www.undp.org
Cohen, Jerome, “The Chinese Communist Party and Judicial Independence,” Harvard Law Review, vol. 5, p. 966 (1969)Google Scholar
Chunying, Xin, “Judicial Independence,” in Li, Yuwen ed., Chinese Courts History and Transition (Beijing: Law Press China, 2001)Google Scholar
Peerenboom, Randall, China Modernizes: Threat to the West or Model for the Rest? (London and New York: Oxford University Press, 2007)Google Scholar
Hung, V.M., “Judicial Reform in China: Lessons Learned from Shanghai,” Carnegie Endowment for International Peace Working Paper 58 (April 2005), http://www.ceip.org
He, Xin, “The Enforcement of Commercial Judgments in China,” in Peerenboom, Randall ed. Dispute Resolution in China (Oxford: Foundation for Law, Justice and Society, 2008)Google Scholar
Peerenboom, Randall, “Development of the Legal Profession in China,” (2009), http://papers.ssrn.com/sol3/results.cfm?RequestTimeout=50000000
Dowdle, Michael, “Of Parliaments, Pragmatism, and the Dynamics of Constitutional Development: The Curious Case of China,” New York University Journal of International Law and Politics, vol. 35, 1 (2002)Google Scholar
Pei, Minxin, “Corruption Threatens China's Future,” Carnegie Endowment for International Peace Policy Brief No. 55 (2007), http://carnegieendowment.org/publications/index.cfm?fa-=view&id=18110
,Transparency International, “Combating Corruption in Judicial Systems: Advocacy Toolkit,” (2007), http://www.transparency.org
,APEC, “Summary of the Anti-Corruption Efforts in China,” APEC Workshop on Denial of Safe Haven, Asset Recovery and Extradition, Shanghai, China (2006), http://www.apec.org
,Congressional Executive Commission on China, “SPC's Five-Year Judicial Reform Agenda (2004–2008)” http://cecc.gov/pages/virtualAcad/index.phpd?showsingle=38564
Henderson, Keith, “Half-Way Home and a Long Way to Go: Challenges of Corruption and Reform Implementation Facing the Post-Communist States – 10 Years Later,” Background Paper, The World Bank Annual Meeting (2000), http://www.worldbank.org/rol
Liebman, Benjamin, “Watchdog or Demagogue? The Media in the Chinese Legal System,” Columbia Law Review, vol. 105, p. 1 (2005)Google Scholar
Hualing, Fu, “When Lawyers Are Prosecuted: The Struggle of a Profession in Transition,” (2006), http://ssrn.com/abstract=956500
Hualing, Fu and Cullen, Richard, “Weiquan (Rights Protection) Lawyering in an Authoritarian State: Toward Critical Lawyering,” http://ssrn.com/abstract=1083925 (March 2008)
,State Council, Provisions of the People's Republic of China on the Disclosure of Government Information (2007), http://www.freedominfo.cn/blog
Henderson, Keith, “Breaking the Culture of Secrecy: Strong Support for an Independent Judiciary, Human Rights and an Independent Media,” (2000), http://www.oas.org
Golub, Stephen, “Beyond Rule of Law Orthodoxy, The Legal Empowerment Alternative,” Carnegie Working Paper 41 (October 2003), http://www.ceip.org

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