Legal Discretion in Chinese

The last twenty years of Chinese legal reform have been of interest to academics and activists. During this period, China`s legal reforms have shifted from purely substantial changes in economic law to domestic structural reforms of the judiciary. Today, legal reformers are discussing the use of open proceedings, adversarial adversarial advocacy, and even the independence of the judiciary. This article examines how far some of these reforms can go, given the trajectory of structural and procedural changes undertaken by Chinese courts over the past two decades. It includes an analysis of the tension that all legal systems face when it comes to balancing law and predictability with justice and discretion. It focuses on how the Chinese have employed a surveillance ideology to maintain this balance and predicts the future course of legal reform in China. This article examines the three types of judicial discretion that exist in each province or territory: fact-based discretion; self-serving discretion and ideological discretion – in the context of China. Through its procedural laws, the Chinese legal system has shown a persistent preference for informality and flexibility. While the concept of oversight and the process of monitoring decisions are intended to limit fact-based and self-serving personal discretion, the concept of “surveillance” is also a window to ensure ideological conformity in individual judicial work. Comparative and foreign law Commons, Courts Commons Remaking the Chinese world of work: a 30-year retrospective 35 pages Published: 5 April 2012 Last Reviewed: 18 Jul 2012 You`ll also have access to many other tools and opportunities designed for those who have (or are passionate about) language-related jobs. Participation is free and the site has a strict privacy policy.

Margaret Y. Woo, Law and Discretion in the Contemporary Chinese Courts, 8 Pac. Rim L & Pol`y J. 581 (1999). Available at: digitalcommons.law.uw.edu/wilj/vol8/iss3/10 Log in or register (free and only takes a few minutes) to participate in this question. 416 Huntington AvenueBoston, MA 02115USA617-373-3309 (telephone).