Judicial Independence in China : Lessons for Global Rule of Law Promotion

"This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally"--Provided by publisher. Machine generated contents note: 1. Introduction Randall Peerenboom; 2. Half-way home and a long way to go: China's rule of law evolution and the global road to judicial independence, impartiality and integrity Keith Henderson; 3. A new approach for promoting judicial integrity Antoine Garapon; 4. The party and the courts Suli Zhu; 5. Common myths and unfounded assumptions: challenges and prospects for judicial independence in China Randall Peerenboom; 6. A new analytical framework for understanding and promoting judicial independence in China Fu Yulin and Randall Peerenboom; 7. Judicial independence and the company law in Shanghai courts Nicholas C. Howson; 8. Independence and authority of local courts in Shaanxi and Gansu provinces Ste;phanie Balme; 9. The judiciary pushes back: law, power and politics in Chinese courts Xin He; 10. Corruption in China's courts Ling Li; 11. A survey of commercial litigation in Shanghai courts Minxin Pei, Guoyan Zhang, Fei Pei, and Lixin Chen; 12. Judicial independence in authoritarian regimes: lessons from continental Europe Carlo Guarnieri; 13. Judicial independence in east Asia: lessons for China Tom Ginsburg. Introduction / Randall Peerenboom Halfway home and a long way to go : China's rule of law evolution and the global road to judicial independence, impartiality and judicial integrity / Keith E. Henderson A new approach for promoting judicial independence / Antoine Garapon The party and the courts / Zhu Suli Judicial independence in China : common myths and unfounded assumptions / Randall Peerenboom A new analytic framework for understanding and promoting judicial independence in China / Fu Yulin and Randall Peerenboom Judicial independence and the company law in the Shanghai courts / Nocholas Calcina Howson Local courts in western China : the quest for independence and dignity / Stéphanie Balme The judiciary pushes back : law, power, and politics in Chinese courts / Xin He Corruption in China's courts / Ling Li A survey of commercial litigation in Shanghai courts / Minxin Pei ... [et al.] Judicial independence in authoritarian regimes : lessons from continental Europe / Carlo Guarnieri Judicial independence in east Asia : lessons for China / Tom Ginsburg. This volume challenges conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy by placing China's judicial reforms within a broader comparative and developme