The Judicial System of China by He, Xin;

Series: Judicial Systems of the World;

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Product details:

Publisher OUP Oxford
Date of Publication 12 December 2024

ISBN 9780198927785
Binding Hardback
No. of pages288 pages
Size 240x162x22 mm
Weight 598 g
Language English

Short description:

The Judicial System of China is a systematic study of Chinese courts after Xi Jinping took power and thoroughly reformed its judiciary. Unlike the judicial independence perspective and the rights-protection approach, this book presents a governance model for understanding the operation of the Chinese court system.

Long description:

Grounded 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.

The coverage of the book is as comprehensive as it is lucid. Among the matters explained are: the historical background and judicial reforms under Xi Jinping; the role, work conditions, income etc. of judges and what influences they are subject to; the organisation of the legal profession; litigants' views of the courts; alternative dispute resolution methods; and the functioning of the civil, criminal and administrative justice systems. An extensive bibliography and a Quick Guide bring up the rear of the work.