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This text explores the role and work of China's supreme court - the Supreme People's Court - focusing especially on the court's role in the struggle concerning the establishment of the rule of law in China's judicial system. It discusses the differing positions of those who favour 'the rule of law' option, where there is organizational separation of legislature and judicial responsibility, and those who argue for the retention of China's present system where judges and the courts are subordinate to the Party and who are concerned by any increase in the court's independent interpretative activities.
This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.
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