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 Carnegie Endowment for International Peace
- Delimitation After Defeat: India’s Unfinished Debate Over RepresentationPaper
The battle over representation and regional power has been delayed—not resolved—and will shape the future of India’s federal balance.
Louise Tillin, Milan Vaishnav, Andy Robaina
- Trump and Xi Should Tackle a Previously Impossible AI ConversationCommentary
Previous dialogues ended in failure. This time could be different.
Scott Singer
- “China Doesn’t Do Anything for Free”Commentary
Why the outcomes of the U.S.-China meetings may be limited.
Aaron David Miller, David Rennie
- Cities Have a Crucial Role to Play in Advancing Climate Mobility PrioritiesCommentary
Ensuring that cities’ perspectives shape international discussions at this year’s forums is not just equitable; it is likely to produce better outcomes.
Liliana Gamboa, Marissa Jordan
- Could the Rise of the New People Party Reshape Russia’s Managed Political System?Commentary
Anger over online restrictions has led to a surge in support for the New People party, which has replaced the Communists as Russia’s second most popular political party.
Andrey Pertsev