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5 - Institutionalizing Exception

Formalizing Political Control over the Courts

from Part II - Autonomy through Discipline

Published online by Cambridge University Press:  aN Invalid Date NaN

Yueduan Wang
Affiliation:
Peking University, Beijing
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Summary

This chapter explores how the party-state has restructured political oversight of the judiciary by channeling interventions through formalized mechanisms. It analyzes two main developments: internal systems such as the Four Types of Cases classification and the Case Review System, and external coordination through Political-Legal Affairs Committees and top-level directives. These mechanisms enable the regime to identify, monitor, and influence politically salient cases while avoiding unsanctioned or arbitrary intervention. By institutionalizing channels for prerogative control, the Party reduces reliance on informal influence and thereby preserves the functional autonomy of courts in routine matters. These reforms demarcate the boundary between the normative and prerogative states more clearly, sustaining the dual state equilibrium. Instead of eliminating political control, the Party has routinized it – replacing ad hoc interference with regularized prerogative governance that is selective, bureaucratized, and aligned with regime interests.

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