2 - The Meandering Path of Judicial Reform with Chinese Characteristics

Summary

The chapter begins by outlining three stages of China’s judicial reform journey. The first stage, marked by the Western-oriented reforms launched in the late 1970s, featured judicial activism within uncertain boundaries. The second stage is often depicted as constituting a U-turn. This relatively brief stage was characterised by the revival of the mediation system and redistribution of power within the political–legal system. Finally, the third stage comprises the grand changes introduced since the 4th Plenum of the 18th Party Congress. The chapter then turns to the major reform measures introduced in the current round of reforms and uses empirical data to evaluate the extent to which they constitute a deviation from the previous reform path. Although the greater judicial transparency, personnel reforms, soft-centralisation of the judicial organs and ongoing supervision reform seen during this round have effected a fundamental overhaul of judicial power, they remain influenced by deeply embedded political constraints. The final section of the chapter summarises the Chinese characteristics of the pursuit of rule of law in a one-party state, including the ongoing populist turn, selective adoption of Western experiences, development of a distinct dispute resolution system, cycles of decentralisation and centralisation, and persistent party leadership.