The last twenty years of Chinese legal reforms have been particularly interesting to scholars and activists alike. During this period, Chinese legal reforms have moved from purely substantive changes in economic laws to the realm of domestic structural reforms of the court system. Today, legal reformers are discussing the use of open trials, adversarial advocacy, and even judicial independence. This Article explores how far some of these reforms may go by considering the path of structural and procedural changes adopted by the Chinese courts in the past twenty years. It includes an analysis of the tension faced by all legal systems in balancing law and predictability with equity and discretion. It focuses on how the Chinese have utilized an ideology of supervision in maintaining this balance, and predicts the future course of legal reforms in China.
Margaret Y. Woo,
Law and Discretion in the Contemporary Chinese Courts,
8 Pac. Rim L & Pol'y J.
Available at: https://digitalcommons.law.uw.edu/wilj/vol8/iss3/10