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Embedded courts : judicial decision-making in China

Ng, Kwai Hang, author Save to your list

Publication Details Click to collapse Cite/Export

  • Creator Kwai Hang Ng, Xin He
  • Format Books
  • Contributors
  • Publication Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017. ©2017
  • Physical Details
    • ix, 251 pages ; 24 cm
  • ISBNs 1108420494, 9781108420495
  • OCLC ocn986236596

Summary

  • "Judicial decision-making in China is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance"--
  • "Ever since the opening up of China's economy in the 1980s, both domestic and foreign attention to China's judiciary has increased in tandem with the country's growing international presence. This is so even though Westerners generally view its socialist legal development with skepticism. Major news outlets such as The New York Times and The Economist now commonly report the major trials of China, from the televised trial of former Chongqing party chief Bo Xilai, to multi-billion dollar civil trials targeting transnational Fortune 500 giants like Apple and Qualcomm"--

Notes

  • Includes bibliographical references and index.

Contents

  • Machine generated contents note: 1. Chinese courts as embedded institutions; 2. The daily rounds of frontline judges; 3. Cohorts of judges; 4. Administrative embeddedness -- the vertical hierarchy of control; 5. Political embeddedness -- courts as a stability maintenance agency; 6. Social embeddedness -- ties from within and from without; 7. Economic embeddedness -- the political economy of court finances; 8. Conclusion; 9. Methodological appendix