The Judicial Document as Informal State Law

Judicial Lawmaking in China’s Courts

Bibliographic Data

ID6007904
AuthorsShucheng Wang (0000-0002-7756-9380, City University of Hong Kong, corresponding author)
Year2022
Volume48
Issue3
Pages617-649
Publication date2022-05-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueModern China (JOURNAL)
Journal identifiersISSN: 0097-7004 • E-ISSN: 1552-6836
PublisherSAGE Publications Inc (PUBLISHER)
DOI10.1177/00977004221079528
OpenAlexW3030417198
LanguageEN
Citations received2
References cited10

Judicial documents, which interpret statutory laws and make new rules for adjudication, have become a robust basis for judicial decision making in China. This article examines why and how, with no explicit congressional delegation, the practice of producing judicial documents has become embedded in the adjudication of China’s courts; how judges can effectively refer to judicial documents during adjudication; and the extent to which judicial documents have enabled subnational courts, under the dual leadership of superior courts and the local Party committee, to efficiently and effectively respond to subnational diversity and differences in local politics. It proposes the theory that this judicial lawmaking practice exists in a “twilight zone” between legal and illegal and examines why it is suitable for maintaining the political resilience of China’s authoritarian regime

Adjudication · Authoritarianism · China · Delegation · Democracy · Judicial activism · Judicial Independence · Judicial opinion · Judicial review · Lawmaking · Legislature · Political science · Politics · State (computer science · Statutory law · China's Socioeconomic Reforms and Governance · Judicial and Constitutional Studies · Law · Legal principles and applications

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