Publication Type

Journal Article

Publication Date

1-2017

Abstract

The post-Mao China has been increasingly managed mathematically, not the least in its judicial system. In this paper, I looked into some of the mathematical indicators used to judge the performance of judges in this nation, and ascertained their effects on the judicial decisions on medical malpractices in Shanghai. The findings of this paper support the previous study that qualitatively identified the judicial responses to such a quantified evaluation system. Underlying the effect of performance indicators is the Chinese judiciary’s bending toward populist pressure. Essentially, therefore, this paper serves to place in perspective the judicial populism well documented in the latest literature on Chinese judiciary. At the same time, however, my study also endorses the theory on courts’ reluctance to exercise discretion in a hierarchical judicial system. Thus, as hinted by the data, the actual behaviors of Chinese judges might be complex under a combination of institutional constraints embodying policy preferences of political leaders as well as structural characteristics of the judiciary. © 2017 Springer Science+Business Media New York

Keywords

Medical malpractice, Judicial populism, Quantified performance indicators, Bureaucracy

Discipline

Asian Studies | Medical Jurisprudence

Research Areas

Law of Transnational Business

Publication

Constitutional Political Economy

First Page

1

Last Page

34

ISSN

1043-4062

Identifier

10.1007/s10602-017-9235-0

Publisher

Springer New York LLC

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.

Additional URL

http://doi.org./10.1007/s10602-017-9235-0

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