Paper
Mei Ying Gechlik (Veron Hung)
{
"authors": [
"Mei Ying Gechlik (Veron Hung)"
],
"type": "legacyinthemedia",
"centerAffiliationAll": "dc",
"centers": [
"Carnegie Endowment for International Peace"
],
"collections": [],
"englishNewsletterAll": "asia",
"nonEnglishNewsletterAll": "",
"primaryCenter": "Carnegie Endowment for International Peace",
"programAffiliation": "AP",
"programs": [
"Asia"
],
"projects": [],
"regions": [
"China"
],
"topics": [
"Political Reform",
"Democracy",
"Economy",
"Trade"
]
}
Source: Getty
In The Media
China's WTO Commitment on Independent Judicial Review: Impact on Legal and Political Reform
Published on Dec 3, 2004
Source: The American Journal of Comparative Law
China's accession to the World Trade Organization has presented the leaders in Beijing with the formidable challenge of establishing an independent judicial review system. Yet, empirical research conducted by Dr. Veron Hung in key locales in China since 1998 reveal that the judicial review system is not independent. In particular, in the realm of administrative litigation, factors such as interference, inter-court and intra-court influence, and bribery all work to weaken the independence of the judiciary. While the Chinese government has undertaken steps to reduce the magnitude of these problems, the efforts - though quite impressive - cannot eliminate the fundamental obstacles to an independent judicial review system in China. These obstacles persist because local governments and the Chinese Communist Party (CCP) exercise power over the courts' personnel and finance and because of the overall primacy of CCP policies over law. To resolve these problems, political reform is needed to redefine the relationships between courts, the CCP, and local governments, and the international community can play an invaluable role in this regard.
To view the full text of the article, click on the right.
About the Author
Mei Ying Gechlik (Veron Hung)
Former Non-Resident Associate
- Protecting Intellectual Property Rights in Chinese Courts: An Analysis of Recent Patent Judgments
- Judicial Reform in China: Lessons from ShanghaiPaper
Mei Ying Gechlik (Veron Hung)
Recent Work
Carnegie India does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.
More Work from Carnegie India
- The Impact of U.S. Sanctions and Tariffs on India’s Russian Oil ImportsCommentary
This piece examines India’s response to U.S. sanctions and tariffs, specifically assessing the immediate market consequences, such as alterations in import costs, and the broader strategic implications for India’s energy security and foreign policy orientation.
Vrinda Sahai
- India-China Economic Ties: Determinants and PossibilitiesPaper
This paper examines the evolution of India-China economic ties from 2005 to 2025. It explores the impact of global events, bilateral political ties, and domestic policies on distinct spheres of the economic relationship.
Santosh Pai
- Hidden Tides: IUU Fishing and Regional Security Dynamics for IndiaArticle
This article examines the scale and impact of Chinese IUU fishing operations globally and identifies the nature of the challenge posed by IUU fishing in the Indian Ocean Region (IOR). It also investigates why existing maritime law and international frameworks have struggled to address this growing threat.
Ajay Kumar, Charukeshi Bhatt
- TRUST and TariffsCommentary
The India-U.S. relationship currently appears buffeted between three “Ts”—TRUST, Tariffs, and Trump.
Arun K. Singh
- Views From Taipei: Essays by Young Indian Scholars on ChinaResearch
This compendium brings together three essays by scholars who participated in Carnegie India's Security Studies Dialogue in 2024, each examining a different aspect of China’s policies. Drawing on their expertise and research, the authors offer fresh perspectives on key geopolitical challenges.
- +1
Vijay Gokhale, Suyash Desai, Amit Kumar, …
