Saturday, August 17, 2019

Richard Cullen on a Conspicuous Innovation in Chinese Jurisprudence: the Advisory Interpretation (IPP Review)

28 May 2019 
China is appropriately described as a One Party State (OPS). It is an authoritarian rather than a pluralistic state. The Communist Party of China (CPC) is the ruling party and it has retained this position for almost 70 years since the founding of the People’s Republic of China (PRC) on October 1, 1949. Given that the CPC has superintended the greatest poverty relief project the world has ever seen over the last 40 years — some 740 million lifted from abject poverty, making up 70 percent of total global poverty reduction — it is fair to say, also, this is the most successful OPS ever.
     China may not accept the doctrine of Separation of Powers distinctively elaborated by Montesquieu (which dates back to Aristotle conceptually) but it still has one of the largest judicial systems in the world, according to a 2016 International Bar Association report.
     The National People’s Congress is the PRC parliament. At the top of China’s political-legal hierarchy lies the Standing Committee of the National People’s Congress (SCNPC). The SCNPC is both a legislative body and arguably, the supreme judicial institution in China (there is some resonance here with the way in which the House of Lords in England used to function for many years until the establishment of the United Kingdom Supreme Court (UKSC) on October 1, 2009)... Click here to read the full text. 

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