Xin He on The Judicial System of China (Oxford University Press)

The Judicial System of China
Xin He
Oxford University Press
Published in November 2024

Abstract: Grounded in both English- and Chinese-language sources, The Judicial System of China is a systematic study of Chinese courts after Xi Jinping took power and thoroughly reformed China’s judiciary. How have Chinese courts come to the shape they are in today? How are decisions made on the major categories of cases—civil, criminal, and administrative? What drives and explains the behavior of the judges? How do the common people view the law and courts? How are the legal professions developed, and what are their roles in court? How do the judges interact with other actors—their political bosses, the prosecutors, and the lawyers? Different from the judicial independence perspective and the rights-protection approach, this book presents a governance model for understanding the operation of the Chinese court system, under which the courts have two overarching characteristics—policy implementation and legitimacy enhancement. The various policies that the courts are tasked with implementing, and the approaches the courts use for enhancing the judiciary’s legitimacy— and, by extension, that of the state, have played key roles in the courts’ evolution. This book is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.