Mei Ying Gechlik (Veron Hung)
REQUIRED IMAGE
Judicial Reform in China: Lessons from Shanghai
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?
Summary
The George W. Bush administration in September 2002 laid out in the "National Security Strategy of the United States" its strategy toward China: "We welcome the emergence of a strong, peaceful, and prosperous China, "During a trip to Asia in March 2005, Secretary of State Condoleezza Rice adopted a similar phrase to welcome "the rise of a confident, peaceful, and prosperous China."
Implicit in Washington’s message is its 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, and it tries to accomplish this through extensive literary research as well as a survey and interviews in China, especially Shanghai. 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?
Click on link above for the full text of this Carnegie Paper.
About the Author
Veron Mei-Ying Hung is an associate in the Carnegie Endowment’s China Program. She has in-depth experience in Chinese law, and law and politics in the Asia-Pacific region. In academia and the private sector, she has studied such areas as legal reform in China, constitutional development in Hong Kong, human rights in Cambodia, and trade with China. She is the author of "China’s WTO Commitment on Independent Judicial Review: Impact on Legal and Political Reform"(American Journal of Comparative Law) and "Getting to Democracy in Hong Kong" (Carnegie Endowment).
Also published in The Columbia Journal of Asian Law, Spring/Fall 2005 issue, Volume 19, Number 1.
About the Author
Former Non-Resident Associate
- Protecting Intellectual Property Rights in Chinese Courts: An Analysis of Recent Patent JudgmentsPaper
- Getting to Democracy in Hong KongOther
Mei Ying Gechlik (Veron Hung)
Recent Work
Carnegie 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 Malcolm H. Kerr Carnegie Middle East Center
- How China Aligned Itself with Saudi Arabia’s Vision 2030Commentary
China has aligned its cooperation model with Saudi Arabia’s own priorities, most notably since the kingdom unveiled its Vision 2030. Although China announced the Belt and Road Initiative in 2013, the big push in relations happened only after the ascendance of King Salman to the throne in 2015 and Riyadh’s push for Beijing to meet Saudi needs.
Hesham Alghannam
- Civic Activism in an Intensifying Climate CrisisResearch
To address the deepening climate crisis, climate activism is employing a wider variety of tactics and aiming at a broader set of goals. In response, the movement faces stronger repression and civic backlash against climate action.
Erin Jones, Richard Youngs
- Navigating Danger: Syrian Refugees in Lebanon Risk ReturningCommentary
A humanitarian crisis in Lebanon deepens, and Syrian refugees face a perilous choice: remain in a war-torn environment or return to Syria where they risk encountering significant dangers and discrimination. There are significant challenges and risks to their search for safety in Syria.
Haid Haid
- Borders Without a Nation: Syria, Outside Powers, and Open-Ended InstabilityPaper
In Syria’s border regions, changes in demographics, economics, and security mean that an inter-Syrian peace process will require consensus among main regional powers that Syria must remain united, that no one side can be victorious, and that perennial instability threatens the region.
Kheder Khaddour, Armenak Tokmajyan
- Why Tunisia Lost Faith in DemocracyCommentary
For many in the society, the post-Ben Ali years were mainly about successive economic crises and political instability.
Jasmine Khelil