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Judicial Independence in China
Lessons for Global Rule of Law Promotion

$96.00 (P)

Randall Peerenboom, Keith Henderson, Antoine Garapon, Suli Zhu, Fu Yulin, Nicholas C. Howson, Stéphanie Balme, Xin He, Ling Li, Minxin Pei, Guoyan Zhang, Fei Pei, Lixin Chen, Carlo Guarnieri, Tom Ginsburg
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  • Date Published: November 2009
  • availability: In stock
  • format: Hardback
  • isbn: 9780521190268

$ 96.00 (P)

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About the Authors
  • This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China’s judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

    • The first English study of judicial independence in China
    • Challenges the conventional wisdom of multibillion dollar rule of law promotion industry regarding the nature of judicial independence and its importance in China
    • Interdisciplinary and adopts various approaches and perspectives to provide a more in-depth and comprehensive treatment of judicial independence
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    Reviews & endorsements

    '… a valuable addition to the very limited scholarship … Peerenboom largely succeeds in his objectives … represents a starting point in understanding the role of judges and courts …' The Cambridge Law Journal

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    Product details

    • Date Published: November 2009
    • format: Hardback
    • isbn: 9780521190268
    • length: 272 pages
    • dimensions: 234 x 158 x 22 mm
    • weight: 0.55kg
    • availability: In stock
  • Table of Contents

    1. Introduction Randall Peerenboom
    2. Half-way home and a long way to go: China's rule of law evolution and the global road to judicial independence, impartiality and integrity Keith Henderson
    3. A new approach for promoting judicial integrity Antoine Garapon
    4. The party and the courts Suli Zhu
    5. Common myths and unfounded assumptions: challenges and prospects for judicial independence in China Randall Peerenboom
    6. A new analytical framework for understanding and promoting judicial independence in China Fu Yulin and Randall Peerenboom
    7. Judicial independence and the company law in Shanghai courts Nicholas C. Howson
    8. Independence and authority of local courts in Shaanxi and Gansu provinces Stéphanie Balme
    9. The judiciary pushes back: law, power and politics in Chinese courts Xin He
    10. Corruption in China's courts Ling Li
    11. A survey of commercial litigation in Shanghai courts Minxin Pei, Guoyan Zhang, Fei Pei and Lixin Chen
    12. Judicial independence in authoritarian regimes: lessons from continental Europe Carlo Guarnieri
    13. Judicial independence in east Asia: lessons for China Tom Ginsburg.

  • Instructors have used or reviewed this title for the following courses

    • Comparative Law
    • Comparative Law and Human Rights
    • Comparative Legal Systems
    • Expansion of Judicial Powers
    • Human Rights in China
    • Issues in International Justice
    • Rule of Law
  • Editor

    Randall Peerenboom, La Trobe University, Victoria
    Randall Peerenboom, formerly a professor at the University of California, Los Angeles Law School and director of the Oxford Foundation for Law, Justice and Society Rule of Law in China Programme, is currently an Associate Fellow of the University of Oxford Centre for Socio-Legal Studies and a law professor at La Trobe University, Victoria. He has been a consultant to the Asian Development Bank, Ford Foundation, EU-China, UNDP, and other international organizations on legal reforms and rule of law in China and Asia, and he is the co-editor of The Hague Journal of Rule of Law. He is also a CIETAC arbitrator and frequently serves as expert witness on PRC legal issues. Recent books include China Modernizes: Threat to the West or Model for the Rest? (2007), Regulation in Asia (2009), Human Rights in Asia (2006), Asian Discourses of Rule of Law (2004), and China's Long March Toward Rule of Law (2002).


    Randall Peerenboom, Keith Henderson, Antoine Garapon, Suli Zhu, Fu Yulin, Nicholas C. Howson, Stéphanie Balme, Xin He, Ling Li, Minxin Pei, Guoyan Zhang, Fei Pei, Lixin Chen, Carlo Guarnieri, Tom Ginsburg

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