Judicial Independence in China

This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

ISBN 0521190266   Pages 272 ISBN13 9780521190268 (What's this?)   Weight (grammes) 550 Publisher Cambridge University Press   Published in Cambridge Imprint Cambridge University Press   Height (mm) 228 Format Hardback   Width (mm) 152 Publication date 23 Nov 2009   Spine width (mm) 22 DEWEY 349.51   Academic level Professional / Scholarly DEWEY edition DC22

1		Introduction by Randall Peerenboom		1
2		Halfway Home and a Long Way to Go: China's Rule of Law Evolution and the Global Road to Judicial Independence, Judicial Impartiality, and Judicial Integrity by Keith E. Henderson		23
3		A New Approach for Promoting Judicial Independence by Antoine Garapon		37
4		The Party and the Courts by Zhu Suli		52
5		Judicial Independence in China: Common Myths and Unfounded Assumptions by Randall Peerenboom		69
6		A New Analytic Framework for Understanding and Promoting Judicial Independence in China by Fu Yulin and Randall Peerenboom		95
7		Judicial Independence and the Company Law in the Shanghai Courts by Nicholas Calcina Howson		134
8		Local Courts in Western China: The Quest for Independence and Dignity by Stephanie Balme		154
9		The Judiciary Pushes Back: Law, Power, and Politics in Chinese Courts by Xin He		180
10		Corruption in China's Courts by Ling Li		196
11		A Survey of Commercial Litigation in Shanghai Courts by Minxin Pei and Zhang Guoyan and Pei Fei and Chen Lixin		221
12		Judicial Independence in Authoritarian Regimes: Lessons from Continental Europe by Carlo Guarnieri		234
13		Judicial Independence in East Asia: Lessons for China by Tom Ginsburg		247
		Index		260

'... a valuable addition to the very limited scholarship ... Peerenboom largely succeeds in his objectives ... represents a starting point in understanding the role of judges and courts ...' The Cambridge Law Journal

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