Law and Discretion in the Contemporary Chinese Courts
Northeastern University - School of Law
Pacific Rim Law & Policy Journal, Vol. 8, No. 3 pp. 581-616, September 1999
Northeastern University School of Law Research Paper
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: 35Accepted Paper Series
Date posted: April 5, 2012 ; Last revised: July 18, 2012
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