China's WTO Commitment on Independent Judicial Review: Impact on Legal and Political Reform

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In The Media

China's WTO Commitment on Independent Judicial Review: Impact on Legal and Political Reform

By Mei Ying Gechlik (Veron Hung)

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.

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About the Author

Mei Ying Gechlik (Veron Hung)

Former Non-Resident Associate

Recent Work

Paper
Protecting Intellectual Property Rights in Chinese Courts: An Analysis of Recent Patent Judgments
- Mei Ying Gechlik (Veron Hung)
Paper
Judicial Reform in China: Lessons from Shanghai
- Mei Ying Gechlik (Veron Hung)

Political Reform Democracy Economy Trade China

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.

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