Judicial Independence in China: Lessons for Global Rule of by Randall Peerenboom

By Randall Peerenboom

This quantity demanding situations the normal knowledge approximately judicial independence in China and its courting to fiscal progress, rule of legislation, human rights defense, and democracy. the amount adopts an interdisciplinary procedure that locations China's judicial reforms and the fight to reinforce the professionalism, authority, and independence of the judiciary inside a broader comparative and developmental framework. participants debate the benefits of overseas top practices and their applicability to China; supply new theoretical views and empirical reports; and talk about civil, felony, and administrative circumstances in city and rural courts. This quantity contributes to a number of fields, together with legislation and improvement and the advertising of rule of legislations and strong governance, globalization stories, neo-institutionalism and reports of the judiciary, the rising literature on judicial reforms in authoritarian regimes, Asian criminal reviews, and comparative legislations extra usually.

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Judicial Independence in China: Lessons for Global Rule of Law Promotion

This quantity demanding situations the traditional knowledge approximately judicial independence in China and its dating to financial development, rule of legislations, human rights defense, and democracy. the amount adopts an interdisciplinary method that areas China's judicial reforms and the fight to reinforce the professionalism, authority, and independence of the judiciary inside a broader comparative and developmental framework.

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Generally speaking, they have yet to be seriously challenged in either theory or practice. org. 28 Keith E. Henderson no doubt room for refinement and need for country adaptation and prioritization, this kind of systematic monitoring and reporting approach to reform has generally been an effective framework and reform tool for various purposes, including: (i) engaging a broader range of stakeholders in more concrete and focused strategic discussions; (ii) enhancing coalition building and informed advocacy; (iii) prioritizing and sequencing judicial and interrelated reforms; (iv) raising public awareness; (v) promoting more judicial transparency, accountability, and openness; and (vi) highlighting recurrent problems and institution-building issues.

Public access to legal and judicial information. 2 3 Samuel Paul, Holding the State to Account – Citizen Monitoring in Action (Bangalore: Books for Change, 2002), providing compelling case studies from Bangalore and elsewhere that citizen monitoring and reporting is key to promoting the rule of law and to holding the state accountable. org. 26 Keith E. Henderson Although one could debate which of the eighteen judicial integrity principles or global best practices are most important and which ones are politically implementable within different country contexts, an analysis of the global research and country experience by governmental and nongovernmental reformers in different countries leads one to the general conclusion that they are soundly grounded in both legal theory and real-world development experience.

1 (2005). com/abstract=1083925 (March 2008). cn/blog. org. This paper was prepared to complement a model whistleblower statute written for purposes of implementing the United Nations Convention Against Corruption in Latin America. 36 Keith E. 18 More fundamentally, there is a need to shift from a focus on aggregate growth to a focus on higher quality, more equitable, more environmentally friendly, sustainable growth. The Chinese government grasped this more quickly than many other developing countries, evidenced in a host of recent policy pronouncements aimed at creating a harmonious society.

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