Source: The Columbia Journal of Asian Law

The U.S. has reiterated that it welcome "the rise of a confident, peaceful, and prosperous China."  Implicit in this message is Washington’s concern about the potential threat of China’s rise.  To ease such concern prevailing outside China and to respond to criticisms about the Chinese Communist Party’s (CCP) governance spreading across the country, Beijing has vowed to establish a "socialist harmonious society" that features, among other characteristics, the rule of law, fairness, and justice. Unfortunately, courts in China have yet to exemplify the rule of law, fairness, and justice. Understanding that its governance cannot be sustained by a dysfunctional justice system, Beijing has taken a series of actions to reform China’s judiciary.

This study seeks to analyze whether fairness has been achieved in Shanghai and what this means to China as a whole.  Based on extensive literary research, a survey, and interviews in China, this study seeks to answer three questions: Are interference, intracourt and intercourt influence, and judicial corruption of a lesser magnitude in Shanghai than in other parts of China? If so, what measures has Shanghai taken to accomplish this? What lessons about judicial reform in China can be learned from Shanghai’s experiences?

This article was originally published in the Columbia Journal of Asian Law, April 2006.