The party in the legislature and the judiciary

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review

View graph of relations

Author(s)

Detail(s)

Original languageEnglish
Title of host publicationThe Chinese Communist Party in Action
Subtitle of host publicationConsolidating Party Rule
EditorsYongnian Zheng, Lance L.P. Gore
Place of PublicationLondon
PublisherRoutledge
Chapter9
Pages181-198
Number of pages18
ISBN (Electronic)9780429243950
ISBN (Print)9780367198961
Publication statusPublished - 2020
Externally publishedYes

Publication series

NameChina Policy Series
Volume59

Abstract

This chapter describes the organization and operation of the legislature and the judiciary as provided in formal laws of the Chinese state. It examines the role of the Party in the legislature and judiciary, respectively. The chapter assesses the role of the Party from the perspective of legitimacy management. China’s state Constitution designates the National People’s Congress (NPC) as "the highest organ of state power," vesting it with the power to represent the sovereignty, namely the Chinese people. From the Party’s perspective, controlling the legislative power is a natural result of its ruling status and is not inconsistent with international best practices. Party interference has led to judicial corruption, opaque trial process, and delayed court proceedings and wrongful prosecutions of innocent citizens, a phenomenon that is not uncommon. According to the Party-state’s new plan, trial independence will be strengthened by holding court hearings to be at the center of the adjudication process.

Citation Format(s)

The party in the legislature and the judiciary. / Wang, Jiangyu.

The Chinese Communist Party in Action : Consolidating Party Rule. ed. / Yongnian Zheng; Lance L.P. Gore. London : Routledge, 2020. p. 181-198 (China Policy Series; Vol. 59).

Research output: Chapters, Conference Papers, Creative and Literary Works (RGC: 12, 32, 41, 45)12_Chapter in an edited book (Author)peer-review