From Populism to Professionalism: The Media and Criminal Justice in China
Björn Ahl (ed.), Chinese Courts and Criminal Procedure: Post-2013 Reforms, Cambridge University Press 2021, 258-284.
29 Pages Posted: 18 Nov 2021
Date Written: May 25, 2020
Abstract
Chinese courts are under constant scrutiny by public opinion, which is frequently fuelled by the media’s need for sensationalist news. Whilst China’s authoritarian regime is certainly capable of suppressing media coverage that could undermine the authority and independence of the judiciary, it seems to instead use the media as an external watchdog of the judicial system. The courts are therefore encouraged and even instructed to accept media supervision and promote judicial transparency. In this environment, the courts are susceptible to legal populism, which has sometimes led to flawed decisions that distort material or formal rules in catering to the public’s demands. In recent years, however, the courts have established mechanisms to shape the messaging on specific cases by engaging directly with the public through, inter alia, social media, live-streams of court proceedings and an open-access database of judicial decisions. These mechanisms have enhanced the judicial system’s responsiveness and strengthened its potential resilience against populist demands without curtailing its answerability to public criticism and mistrust. At the same time, shielding the courts from public opinion on matters of justice and legal consciousness may also significantly impede legal innovation, as the judiciary may be inclined to overcompensate for its frail independence by stonewalling even the most insightful and prudent media commentaries on the need for legal change.
Keywords: Chinese Criminal Justice, Media, Chinese Courts
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