This book explores the recent development of the Supreme People's
Court of China, the world's largest highest court. Recognizing that
its approach to exercising power in an authoritarian context has
presented a challenge to the understanding of judicial power in
both democratic and non-democratic legal settings, it captures the
essence of the Court through its institutional design as well as
functional practice. It argues that regardless of the deep-seated
political and institutional constraints, the Court has demonstrated
a highly pragmatic interest in fulfilling its primary functions and
prudently expanding judicial power in the context of reform-era
China. This notwithstanding, it also discusses how the Court's
incompetence and reluctance to challenge the bureaucratism and
politicization suggests that the call for an impartial and
authoritative judicial power will continue to be jeopardized while
the Court operates in the shadow of Party authority and lacks
meaningful checks and balances. Drawing on the experience of the
Court, this book reflects on some deep-rooted misunderstandings of
legal development in China, providing a source of inspiration for
reconceptualizing the internal logic of a distinct category of
judicial power.
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