An examination of judicial independence in China
| DOI | https://doi.org/10.1108/JFC-12-2015-0068 |
| Published date | 03 October 2016 |
| Date | 03 October 2016 |
| Pages | 819-832 |
| Author | William Fairbairn |
| Subject Matter | Accounting & Finance,Financial risk/company failure,Financial crime |
An examination of judicial
independence in China
William Fairbairn
Centre of Development Studies, University of Cambridge, Cambridge, UK
Abstract
Purpose – The purpose of this paper is to consider and evaluate judicial independence in China,
through reviewing the value in its presence, assessing its current state in China and evaluating what the
future holds for it.
Design/methodology/approach – The paper reviews the benets of judicial independence in its
support of the rule of law. Following this, an evaluation of the current independence of the judiciary in
China is presented. The reforms of the judiciary in the Fourth Plenary Session and the outlook for
judicial independence in China are assessed.
Findings – The paper nds that judicial independence in China cannot be said to exist, being
vulnerable to inuence from a variety of sources. There is, however, progress observed, and this is
expected to continue.
Originality/value – This paper’s consideration of judicial independence in China and its outlook are
framed with discussions of the relationships between judicial independence and the rule of law, and the
Chinese state and the rule of law. The paper should thus contribute to discussion of the development
trajectory of China in this important facet.
Keywords China, Rule of law, Fourth plenary session, Judicial independence, Judiciary
Paper type Viewpoint
China has witnessed “the most concerted effort in world history to construct a legal
system” (Alford, 2000). In its latest plenum, the Communist Party of China made a
historic move to continue this progress, sparking a storm of domestic and international
commentary. The session was pioneering on two counts: this was the rst central
committee plenary session to address the topic of rule of law and the rst time
substantial reforms were proposed to increase the independence of the judiciary
(Pereenboom, 2004).
This essay begins by reviewing why such reforms are desirable. The importance of the
judiciary is as their role as custodians of the law, and thus their importance is united with
that of the rule of law. Indeed, judicial independence is regarded as a necessary condition for
the existence of the rule of law. Thus this examination of the judiciary begins with reviewing
the importance of the rule of law in development. Correspondingly, how judicial
independence enhances the benets of the rule of law is then considered.
The given analysis of judicial independence in China is dynamic. After
contextualising the origins of the judiciary of China, the extent of its independence is
studied. Following this, the essay seeks to understand where judicial independence is
headed in the coming period:
• initially examining the motivation for reform; and
• subsequently evaluating the impact of the recent reforms for judicial independence.
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1359-0790.htm
Judicial
independence
in China
819
Journalof Financial Crime
Vol.23 No. 4, 2016
pp.819-832
©Emerald Group Publishing Limited
1359-0790
DOI 10.1108/JFC-12-2015-0068
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