The Way to Understand the Nature and Extent of Judicial Independence in China
Bibliographic Data
| ID | 3793116 |
|---|---|
| Authors | Yanrong Zhao |
| Year | 2019 |
| Volume | 6 |
| Issue | 01 |
| Pages | 131-157 |
| Publication date | 2019-05-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2018.27 |
| OpenAlex | W2891465897 |
| Language | EN |
| Citations received | 4 |
| References cited | 30 |
In order to portray the true extent of judicial independence in China's judicial practices, this article first clarifies the contested meanings of "judicial independence" within Chinese judicial circles and provides a detailed literature review of the main school of thoughts on the extent of judicial independence in China. In contrast to the existing literature-most of which sees judicial independence in China as stagnant-this thesis suggests employing the strategic interaction approach to study the development of impartial adjudication in China and argues that the extent of adjudicative independence is evolving with the amount of judicial discretion afforded by the Chinese Communist Party (CCP) to judges
Adjudication · China · Discretion · Independence (probability theory · Judicial activism · Judicial discretion · Judicial Independence · Judicial opinion · Judicial review · Political science · Politics · China's Socioeconomic Reforms and Governance · Judicial and Constitutional Studies · Ombudsman and Human Rights · Law
Political Order in Changing Societies
The Puzzling (In)Dependence of Courts
The Fate of Judicial Independence in Republican China, 1912-37
Why did they not take on the disputes? Law, power and politics in the decision-making of Chinese courts
Suing the Local State
Development as institutional change
Judicial Independence and the Reality of Political Power
New-Style” Judicial Campaigns and the Legitimacy of State High Courts
Social Choice Theory, Game Theory, and Positive Political Theory
Judicial Independence and Democratization
Lawyers, Political Embeddedness, and Institutional Continuity in China's Transition from Socialism
| Citations per year | 0.67 |
|---|---|
| Citation span | 2020 - 2025 (6) |
| Highly cited | No |