Book contents
- Toward the Rule of Law in China
- Epigraph
- Toward the Rule of Law in China
- Copyright page
- Contents
- Foreword
- Acknowledgments
- Translator’s Note
- Abbreviations
- Introduction
- 1 The Conception of Law in Traditional China
- 2 The Essence of Modern Rule of Law
- 3 The Rule of Law: Contemporary Challenges and Paradigmatic Innovation
- 4 A Rule-of-Law Democracy (Rechtsdemokratie): Social Diversification and Reconstructing the System of Authority
- 5 Judicial Reform in China: The Status Quo and Future Directions
- 6 Reconstructing Legal Ideology
- Postscript
- Book part
- References
- Index
5 - Judicial Reform in China: The Status Quo and Future Directions
Published online by Cambridge University Press: 24 February 2022
- Toward the Rule of Law in China
- Epigraph
- Toward the Rule of Law in China
- Copyright page
- Contents
- Foreword
- Acknowledgments
- Translator’s Note
- Abbreviations
- Introduction
- 1 The Conception of Law in Traditional China
- 2 The Essence of Modern Rule of Law
- 3 The Rule of Law: Contemporary Challenges and Paradigmatic Innovation
- 4 A Rule-of-Law Democracy (Rechtsdemokratie): Social Diversification and Reconstructing the System of Authority
- 5 Judicial Reform in China: The Status Quo and Future Directions
- 6 Reconstructing Legal Ideology
- Postscript
- Book part
- References
- Index
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.
- Type
- Chapter
- Information
- Towards the Rule of Law in ChinaSocial Diversification and the Power System, pp. 138 - 256Publisher: Cambridge University PressPrint publication year: 2022