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.
Asian Studies | Courts | Judges
Law, Society and Governance
Asia Pacific Law Review
City University of Hong Kong
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. Research Collection School Of Law.
Available at: https://ink.library.smu.edu.sg/sol_research/2003
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