Judicial relations in local China

Juan Wang and Sitao Li

Chapter 26 in Handbook on Local Governance in China, 2023, pp 417-428 from Edward Elgar Publishing

Abstract: This chapter reviews the extant literature that examines (the lack of) judicial independence in China and its socio-economic consequences at the local level. While the extant literature takes on a power perspective on how political and administrative institutions control the judiciary at the local level, discussions in this chapter invite more attention towards the agency of the judiciary through the analytical angle of bureaucratic practices. In other words, courts operate as bureaucratic organizations, and their everyday practices can be viewed as incremental solutions to the problems they identify. Problem-solving rationalities allow for innovation to take place in judicial practices. The chapter concludes by suggesting a sociological approach to judicial relations that takes a broader view of the political-legal system where courts are but one actor that navigates the system and interacts with the police, the procuracy, and the political-legal committees of the Communist Party of China.

Keywords: Asian Studies; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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