Publication Type

Journal Article

Publication Date

7-1992

Abstract

While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.

Discipline

Asian Studies | Courts | Judges

Research Areas

Law, Society and Governance

Publication

Asia Pacific Law Review

Volume

1

Issue

2

First Page

75

Last Page

94

ISSN

1019-2557

Publisher

City University of Hong Kong

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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