Review of Judicial Decision-Making in the People's Republic of China: An Overview of Unique Developments

Author

Mark FINDLAY, Singapore Management UniversityFollow

Publication Type

Journal Article

Version

publishedVersion

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

Publication

Asia Pacific Law Review

Volume

1

Issue

2

First Page

75

Last Page

94

ISSN

1019-2557

Publisher

City University of Hong Kong

Citation

FINDLAY, Mark. Review of Judicial Decision-Making in the People's Republic of China: An Overview of Unique Developments. (1992). Asia Pacific Law Review. 1, (2), 75-94.
Available at: https://ink.library.smu.edu.sg/sol_research/2003

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