The Judicial System of ChinaGrounded in both English- and Chinese-language sources, The Judicial System of China is a systematic study of Chinese courts after Xi Jinping took power and thoroughly reformed its judiciary. It draws upon extensive empirical scholarship in both Chinese and English languages, complementing it with fresh research based on court statistics, public opinion polling, and interviews with judges, lawyers, and litigants. The book addresses a range of timely subjects, including how Chinese courts have come to their present shape, how decisions are made on civil, criminal, and administrative cases, and what explains the behaviour of the judges. It documents not only the institutional rules, but also the behavioral patterns of the judges and other players revolving around the courts. This book presents a governance model for understanding the operation of the Chinese court system. The courts have two overarching characteristics under this model: supporting the state's goals of policy implementation and legitimacy enhancement. The various policies that the courts are tasked with implementing and the approaches the courts use for enhancing the judiciary's legitimacy--and by extension, that of the state--have played key roles in the courts' evolution. The model sheds light on the rationales that have underlain the changes in the system over time. Engaging extensively with the literature in law and politics, law and society, and institutional economics, The Judicial System of China provides readers with a deeper understanding of the inner workings and day-to-day realities of the Chinese judicial system. |
Contents
| 1 | |
1 Historical Background and Judicial Reforms under Xi Jinping | 17 |
2 Judges | 42 |
3 Peoples Assessors | 71 |
4 Lawyers | 89 |
5 Litigants Views of the Courts | 116 |
6 Civil Justice | 132 |
7 The Courts Role in Alternative Dispute Resolution | 153 |
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Common terms and phrases
According adjudication administrative litigation agencies apparatuses arbitration authoritarian become Beijing caseloads central Chapter Chen Chinese courts Chinese judges clients Committee court decisions court officials court president crimes criminal justice death penalty defendant defense lawyers dispute resolution divorce Empirical Study enforcement evidence Feng formal goal Guangdong Guangzhou guanxi handling impact implementation influence institution International investigation issues Jiang judge’s judgments judicial independence judicial mediation judicial reforms Judicial System judiciary lawsuit lawyers lay assessors legal system legal workers level courts opinions outcomes participation Party Party’s Peking University people’s people's assessors People's Court percent petition plaintiff plea leniency plea leniency system political procedural justice procuratorates professional prosecutors protectionism Province punishment quota reform responsible role rule of law sentence social stability state’s Supreme People's Supreme People's Court trial Wang weiquan lawyers Xi Jinping Xiao Xiao Yang Yang Su yuan Zhang Zheng