Frontiers of Law in China >

2017 , Vol. 12 >Issue 2: 278 - 309

DOI: https://doi.org/10.3868/s050-006-017-0015-7

Orginal Article

THE COURTS’ ACTIVE ROLE IN THE STRIVING FOR JUDICIAL INDEPENDENCE IN CHINA

  • ZHAO Yanrong
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  • Commercial and Economic Law School, China University of Political Science and Law, Beijing, China; Ph.D. in International and Political Studies, School of Humanities and Social Science, University of New South Wales, Canberra, Australia; Lecturer, Civil, Commercial and Economic Law School, China University of Political Science and Law, Beijing 100088, China.

Published date: 15 Jun 2017

Copyright

2017 Higher Education Press
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Abstract

In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years’ development, the courts appear to rely on the rhetoric of judicial independence and the Communist Party of China’s endorsement of the importance of law to assert their own interests and institutional identity, and have employed various mechanisms to actively push the development of judicial independence in China.

Key words： courts; judicial independence; active role; functional specialization; competence; autonomy

Cite this article

ZHAO Yanrong . THE COURTS’ ACTIVE ROLE IN THE STRIVING FOR JUDICIAL INDEPENDENCE IN CHINA[J]. Frontiers of Law in China, 2017 , 12(2) : 278 -309 . DOI: 10.3868/s050-006-017-0015-7

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