How the Supreme People's Court Serves National Strategy and 'Makes Law': The Pilot FTZ Opinion and its Implications

International Economic Law and the Challenges of the Free Zones, Kluwer Law International, May 2019, ISBN: 9789403508931

Peking University School of Transnational Law Research Paper

48 Pages Posted: 26 Apr 2019

See all articles by Susan Finder

Susan Finder

Peking University School of Transnational Law; University of Hong Kong

Date Written: April 19, 2019

Abstract

This book chapter from the book International Economic Law and the Challenges of the Free Zones examines the Supreme People's Court (SPC) of China's "Opinion on Providing Judicial Guarantees for the Building of Pilot Free Trade Zones" (最高人民法院关于为自由贸易试验区建设提供司法保障的意见)(the FTZ Opinion). The FTZ Opinion provides a window into multiple aspects of the operation of the Chinese judiciary and Chinese law generally, and also illustrates how the gaps in Chinese law, both substantive and procedural (among other issues), create obstacles to achieving the long-term goal set by the political leadership, of China becoming an international dispute resolution center. The FTZ Opinion provides insights into why and how the SPC fulfills its political and substantive roles, and how the SPC communicates and evolves judicial policy in the context of an important reform initiative to support changing Party and government policies, and its relationship with the concerns of the lower courts.

Keywords: Free Trade Zones, Supreme People's Court, Judicial Policy

Suggested Citation

Finder, Susan, How the Supreme People's Court Serves National Strategy and 'Makes Law': The Pilot FTZ Opinion and its Implications (April 19, 2019). International Economic Law and the Challenges of the Free Zones, Kluwer Law International, May 2019, ISBN: 9789403508931 ; Peking University School of Transnational Law Research Paper. Available at SSRN: https://ssrn.com/abstract=3374958 or http://dx.doi.org/10.2139/ssrn.3374958

Susan Finder (Contact Author)

Peking University School of Transnational Law ( email )

University Town,
Xili, Nanshan District
Shenzhen, Guangdong 518055
China

HOME PAGE: http://stl.pku.edu.cn/faculty-2/resident-faculty/susan-finder/

University of Hong Kong ( email )

Pokfulam Road
Hong Kong, Pokfulam HK
China

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