DOI: https://doi.org/10.14710/dilrev.5.1.2020.1-18

JUDICIAL REFORMS IN CHINA: THE WAY OF STRENGTHENING THE JUDICIAL INDEPENDENCE

*Mohammad Saiful Islam  -  Beijing Institute of Technology, International Islamic University Chittagong (IIUC), China
Xu Xin  -  Institute for Advanced Judicial Studies (IAJS), & Professor, School of Law, Beijing Institute of Technology, China
Open Access Copyright (c) 2020 Diponegoro Law Review under http://creativecommons.org/licenses/by-nc-sa/4.0.

Citation Format:
Abstract

The idea of judicial independence and Chinese courts are the parallel subject matter of discourse among the scholars in several fields in place of either judicial independence strengthen or restricted as Chinese authority continually pushes numerous judicial reform strategy year to year. The westerns, frequently, utter China’s courts are beyond enjoying appropriate independence to decide judicial verdicts solely and independently. Conversely, the Chinese leaders enunciate they entirely extempore to swallow the Western impresses as they are a cradle of rescinding the unique Chinese features. This paper, broadly, attempts to address the design of several rounds of judicial reform policy till nowadays as a means of strengthening the independence of courts. The study catches that the Chinese authority invests rigorous reform efforts to the efficient management of court administrations; to recruit better-qualified judges; to reduce internal interference from party leaders and courts seniors. They also amended laws to progress decisional independence that will extend the Chinese judiciary closer to unaffected judicial independence. 

Fulltext View|Download
Keywords: Strengthen Independence, Reform Policy, Qualified Judges, Efficient Mechanisms, CCP’s Interference

Article Metrics:

Article Info
Section: Articles
Language : EN
Recent articles
LAW ENFORCEMENT BASED ON THE ENVIRONMENT: SOLUTION OF LAND PROBLEMS AFTER TSUNAMI, LIQUEFACTION, AND EARTHQUAKE IN CENTRAL SULAWESI REINFORCEMENT OF PANCASILA AS A PHILOSOPHY OF REGULATION-MAKING JUDICIAL REFORMS IN CHINA: THE WAY OF STRENGTHENING THE JUDICIAL INDEPENDENCE More recent articles
Most cited articles
Index RISK MANAGEMENT IN THE PROVISION OF PEOPLE’S BUSINESS CREDIT AS IMPLEMENTATION OF PRUDENTIAL PRINCIPLES MANAGEMENT, DISTRIBUTION, AND REDEMPTION OF VILLAGE FUND JUSTICE A YEARNING IN THE IMPLEMENTATION OF THE CONTRACT IN THE SOCIETY REGULATIONS FOR E-COMMERCE AGREEMENT ACCORDING TO ICT ACT AND TITLE III OF INDONESIAN CIVIL CODE More cited articles
  1. Aili, Wang. “China Focus: China Adopts Revised Laws on Judges, Procurators,” , (April 23, 2019).” Xinhuanet
  2. Akkas, Sarkar Ali. Judicial Independence and Accountability: A Comparative Study Ofcontemporary Bangladesh Experience. Wollongong: University of Wollongong, 2002
  3. Chunying, Xin. “What Kind of Judicial Power Does China Need?” International Journal of Constitutional Law 1 (2003)
  4. Council, Canadian Judicial. Why Is Judicial Independence Important to You?”Judicial Independence in Canada. Canada, 2016
  5. Council, State. “Whitepaper on Judicial Reform in China.”
  6. Feng, LIN. The Future of Judicial Independence in China. Centre for Judicial Education and Research, 2016
  7. Ferejohn, John. “Independent Judges, Dependent Judiciary: Explaining Judicial Independence.” Southern California Law Review 72 (1999): 355
  8. Gechlik, Mei Ying. “Judicial Reform in China: Lessons from Shanghai.” Colum. J. Asian L 19, no. 1 (2005): 98
  9. Hailsham, Lord. “The Independence of the Judicial Process.” Israel Law Review 13 (1978)
  10. He, Xin. “The Politics of Courts in China.” China law and society review 2 (2017): 135
  11. Islam, M S. “Independent Judiciary: Nature and Facets from the International Context.” International Journal of Ethics in Social Sciences 6, no. 2 (2018): 15–32
  12. Keyuan, Zou. “Judicial Reform in China: Recent Developments and Future Prospects.” Int’l L 36 (2002): 1046
  13. L.Liebman, Benjamin. “China’s Courts: Restricted Reform.” The China Quarterly 191 (2007): 621
  14. Larkins, Christopher M. “Judicial Independence and Democratization: A Theoretical AndConceptual Analysis.” The American Journal of Comparative Law 444 (1996): 607
  15. MP Singh. “Securing the Independence of the Judiciary: The Indian Experience.” Indiana International Comparative Law Review 10, no. 249 (2000)
  16. Orts, Eric W. “The Rule of Law in China.” Vand. J. Transnatl. L 34 (2001): 99
  17. Salzberger, Eli M. “A Positive Analysis of the Doctrine of Separation of Powers, or: Why Do We Have an Independent Judiciary?” International Review of Law and Economics 13, no. 4 (1993): 349–379
  18. Shetreet, Shimon. “Judicial Independence: New Conceptual Dimensions and ContemporaryChallenges.” In Judicial Independence: The Contemporary Debate, 398. Dordrecht: Martinus Nijhoff Publishers, 1985
  19. ———. “Judicial Independence and Accountability: Core Values in Liberaldemocracies.” In Judiciaries in Comparative Perspective, 3. Cambridge: Cambridge University Press, 2011
  20. ———. “The Administration of Justice: Practical Problems, Value Conflicts AndChanging Concepts.” University of British Columbia Law Review 13 (1979): 57
  21. Shetreet, Shimon and Jules Deschênes. Judicial Independence: The Contemporary Debate. Netherlands: Martinus Nijhoff Publishers, 1985
  22. Shihao, Hu. “Supreme Court Issues Five-Year Plan on Judicial Reform.” In Supreme People’s Court Specials, 2019
  23. The People’s Republic of China. “Highlights of Supreme People’s Court Work Report.” Supreme People’s Court of the People’s Republic of China
  24. ———. “Highlights of Work Report of China’s Supreme People’s Court 2014.” Supreme People’s Court of the People’s Republic of China
  25. ———. Judges Law of the People’s Republic of China Amended on April 23, 2019, 2019
  26. ———. “Notice of the Supreme People’s Court on Issuing the Third Five-Year Reform Outline for the People’s Courts (2009-2013).” Supreme People’s Court of the People’s Republic of China
  27. ———. “Opinions of the Supreme People’s Court on Comprehensively Deepening the Reform of the People’s Court: Outline of the Fourth Five-Year Reform of the People’s Court (2014-2018).” Supreme People’s Court of the People’s Republic of China
  28. ———. “Second Five Year Reform Program for the People’s Courts (2004-2008).” Supreme People’s Court of the People’s Republic of China
  29. ———. “SPC’s White Paper Remarks, the Direct Adjudication by a Sole Judge or a Panel in the Shanghai Courts Reach 99.9 per Cent, and Only 0.1 per Cent Referred to the Discussion by the Adjudication Committee.” Supreme People’s Court of the People’s Republic of China
  30. ———. “Supreme Court Issues Five-Year Plan on Judicial Reform : Highlights of 2019 SPC Two Sessions (Hereinafter SPC Latest Five-Year Plan).” Supreme People’s Court of the People’s Republic of China
  31. ———. The Five-Year Program for Reform of the People’s Courts. Gazette of the Supreme People’s Court of the People’s Republic of China. Gazette of the Supreme People’s Court of the People’s Republic of China, 1999
  32. ———. “The Intermediary People’s Court of Yinchuan, Capital of Ningxia Hui Autonomous Region, Is One of the Courts That Promoted the Invitation to Attend People in Court Hearings.” Chinese Courts Invite Citizens to Courtrooms
  33. ———. The People’s Republic of China Governs the Country According to Law and Makes It a Socialist Country under Rule of Law, Chapter I, Article 5, Section 1 of The Constitution of the People’s Republic of China, 1982
  34. ———. “The Second Five-Year Reform Plan of the People’s Courts (2004-2008).” Supreme People’s Court of the People’s Republic of China
  35. ———. “The Supreme People’s Court Issues Its Newest Five-Year Reform Plan for the Courts.” Supreme People’s Court Monitor
  36. ———. “Whitepaper on Court Reform in China.” Supreme People’s Court of the People’s Republic of China
  37. ———. “Whitepaper on Judicial Reform of Chinese Courts.” Supreme People’s Court of the People’s Republic of China
  38. The People’s Republic of China, State Council. “White Paper: Judicial Reform in China, Information Office of the State Council.” Information Office of the State Council
  39. Wang, Yifan; Sarah Biddulph and Andrew Godwin. A Brief Introduction to the Chinese Judicial System and Court Hierarchy. Melbourne: Melbourne Asian Law Centre, Melbourne Law School, The University of Melbourne, 2017
  40. Woo, Margaret YK. “Court Reform with Chinese Characteristics.” WASH. INT’L L.J. 27, no. 1 (2017): 247
  41. Xinhua. Highlights of China’s Judicial Reform Progress in 2018. Xinhuanet, 2019
  42. Yanrong, ZHAO. “The Way to Understand the Nature and Extent of Judicial Independence in China.” Asian Journal of Law and Society (2018): 3
  43. Yu, Meng and Guodong Du. “Courts in China’s Judicial Reform (The Third-Round Judicial Reform During 2014-2017).” China Justice Observer (2018)

Last update:

  1. Governmental Automated Decision-Making and Human Rights

    Stefan Schäferling. Law, Governance and Technology Series, 62 , 2023. doi: 10.1007/978-3-031-48125-3_3

Last update: 2024-11-21 03:48:29

No citation recorded.