Embedded Courts

Judicial Decision-Making in China

By: Kwai Hang Ng, Xin He

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Paperback | 13 December 2018

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262 Pages

Dimensions(cm)
22.86 x 15.24 x 1.4

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Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.

Industry Reviews

'It is a book about the growing heterogeneity and transformation of the Chinese court system, in relation to the nature of China's partystate and the changing social, political, and economic environment ... Through this analytical framework, disparate strands of researches on Chinese courts can be brought together. This book provides an important touchstone for researches on Chinese courts for years to come.' Juan Wang, Journal of Chinese Political Science
'Every good book raises as many questions as it answers, and this is a very good book. The most obvious concern China, and Embedded Courts will be required reading for those interested in China.' Frank K. Upham, Law & Social Inquiry

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