Abstract

http://ssrn.com/abstract=2034605
 
 

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Law and Discretion in the Contemporary Chinese Courts


Margaret Woo


Northeastern University - School of Law

1999

Pacific Rim Law & Policy Journal, Vol. 8, No. 3 pp. 581-616, September 1999
Northeastern University School of Law Research Paper

Abstract:     
This article examines the three types of judicial discretion that exists in any legal system – fact based discretion; self-interested discretion, and ideological discretion -- in the context of China. Through its procedural laws, the Chinese legal system demonstrated a continuing preference for informality and flexibility. While concept of supervision and the procedure of adjudication supervision are efforts to constrain fact-based and self-serving personal discretion, the concept of “supervision” is also a window to ensure ideological compliance in individual judicial work.

Number of Pages in PDF File: 35

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Date posted: April 5, 2012 ; Last revised: July 18, 2012

Suggested Citation

Woo, Margaret, Law and Discretion in the Contemporary Chinese Courts (1999). Pacific Rim Law & Policy Journal, Vol. 8, No. 3 pp. 581-616, September 1999; Northeastern University School of Law Research Paper . Available at SSRN: http://ssrn.com/abstract=2034605

Contact Information

Margaret Woo (Contact Author)
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
617-373-3309 (Phone)
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