Law and Discretion in the Contemporary Chinese Courts

35 Pages Posted: 5 Apr 2012 Last revised: 18 Jul 2012

Margaret Woo

Northeastern University - School of Law

Date Written: 1999

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.

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: https://ssrn.com/abstract=2034605

Margaret Woo (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States
617-373-3309 (Phone)

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