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Tutorial 3

This tutorial focuses on the Chinese court system, highlighting key readings including a briefing paper on its structure, an article on the guiding case system, and an excerpt from a book discussing local embeddedness of courts. It also examines recent judicial reforms under the Xi Administration, analyzing their efficacy in addressing local embeddedness. Key discussion points include the guiding case mechanism, the role of adjudication committees, and the impact of judicial reforms on professionalism and autonomy.

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Lily Li
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11 views1 page

Tutorial 3

This tutorial focuses on the Chinese court system, highlighting key readings including a briefing paper on its structure, an article on the guiding case system, and an excerpt from a book discussing local embeddedness of courts. It also examines recent judicial reforms under the Xi Administration, analyzing their efficacy in addressing local embeddedness. Key discussion points include the guiding case mechanism, the role of adjudication committees, and the impact of judicial reforms on professionalism and autonomy.

Uploaded by

Lily Li
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Tutorial 3 Courts

In this class, we will focus on the Chinese court system. The first item of our reading is a
briefing paper published by the University of Melbourne in 2017. It is intended to provide
an overview of the nature and structure of the judicial system in China.
We next turn to an article on the guiding case system in China. The author, Björn Ahl, is
a German scholar on Chinese legal culture. While the article was written before the
application of guiding cases was much seen, the legal-political analysis it gives of the
institutional motivation and constraints of the guiding case mechanism has remained
largely valid.
The third item is an excerpt from a recent book by Kwai Hang Ng and He Xin. He Xin is
a Professor at the University of Hong Kong and Kwai Hang Ng is at the University of
California, San Diego. Their book, Embedded Courts, describes various aspects of local
embeddedness of Chinese courts, especially at the lower levels. The findings of the
book were mainly based on empirical research conducted in the 2000s and early 2010s.
Our reading concludes with excerpts of two articles on the latest judicial reform since
2013. The author, Wang Yueduan, is a scholar from the School of Government at
Peking University. Using Ng and He’s embedded courts typology as a benchmark,
Wang examines the efficacy of the current judicial reform under the Xi Administration in
overcoming the local embeddedness of Chinese courts.

As you read, please consider:


1. The guiding case mechanism
a. What is the objective and institutional motivation for the SPC to promote
the guiding case mechanism?
b. What is the legal effect and implementation status of guiding cases? Why
would (not) Chinese judges follow or cite guiding cases?
c. What is the potential and challenge for the guiding case mechanism in
China?
2. Adjudication committee
a. How does an adjudication committee work in China?
b. What are the main arguments for and against the use of adjudication
committee?
c. In addition to the adjudication committee, what other party-state
institutions may influence or intervene in the courts’ adjudication?
3. Judicial reform
a. In the recent judicial reform, what efforts has the SPC made to improve
judicial professionalism and autonomy?
b. What advantages and disadvantages do you see flowing from these
efforts?

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