The Power of the Supreme People's Court

Reconceptualizing Judicial Power in Contemporary China

Ding Qi (Autor)

Buch | Hardcover

164 Seiten

2019
Routledge (Verlag)
978-0-367-18950-1 (ISBN)

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This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.

Dr. Ding Qi is Senior Research Fellow at the Research Center for Legal Services of Xiamen University, China. Her research focuses on the recent development of the Chinese legal system and judicial reform, law and policy making, alternative dispute resolutions (ADR), and online dispute resolutions (ODR) from a comparative perspective. Dr. Ding Qi also works as a legal consultant to study, test, and design online platforms and digital legal products for a wide range of court and government users in China.

1. Introduction;

2. The Power of the Court from an Institutional Perspective;

3. The Judicial Practice of the Court;

4. The Extrajudicial Practice of the Court;

5. The Power of the Supreme People’s Court: Rethinking and Reinterpretation;

Appendix;

Erscheinungsdatum	29.08.2019
Reihe/Serie	The Rule of Law in China and Comparative Perspectives
Zusatzinfo	4 Tables, black and white; 5 Line drawings, black and white
Verlagsort	London
Sprache	englisch
Maße	156 x 234 mm
Gewicht	384 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	0-367-18950-X / 036718950X
ISBN-13	978-0-367-18950-1 / 9780367189501
Zustand	Neuware