Zhuo Ding on Constitution Talk in the Chinese Civil Courts: Constructing the Constitution through the Civil Code? (HKLJ)

"Constitution Talk in the Chinese Civil Courts: Constructing the Constitution through the Civil Code?"
Zhuo Ding (PhD Candidate)
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.277 - 297

Abstract: This article examines the phenomenon of “Constitution Talk” (CT) — explicit references to China’s Constitution in civil court proceedings — to analyze its role in the constitutionalization of the Civil Code. Drawing on empirical data from 2018 civil cases (2017–2024) across three provinces, the study explores how judges and litigants invoke constitutional norms to interpret ambiguous provisions, resolve jurisdictional conflicts and conduct informal judicial reviews. Findings reveal that CT is intensifying, particularly in expropriation and environmental cases, serving as a governance tool to align civil law with constitutional principles. However, its impact is constrained in politically sensitive domains, such as reproductive rights, where courts prioritise policy over constitutional arguments. The study argues that CT reflects a dynamic interplay between legal innovation and state control, offering insights into China’s evolving legal governance under the Civil Code. While CT enhances judicial legitimacy and rights protection, its boundaries underscore the enduring influence of Party policy on constitutional discourse.