Why Does China Need JudicialReform? 1
Examining the judicial system closely, particularly studying wrongful convictions, highlights the flaws in the judicial system in China. For the purpose of this study, we need to examine some existing cases in order to understand the need for reform. 2 On
Over the last decades, academic interest in judicialreforms and institutions has increased in several disciplines and in different regions of the world, as reflected by the flourishing literature devoted to two distinctive but interrelated phenomena: the judicialization of
advancement of the rule of law through support to legal and judicialreforms in third countries became part of the eu ’s external democracy-promotion agenda. However, some empirical studies challenge the link between the rule of law and democracy, emphasizing that the two do not always go hand-in-hand. 4
This article examines critically the phenomenon of judicialreform in the context of law and development and with special reference to Myanmar 1 as a current example of a locus for judicialreform efforts. Judicial and court reform are seen almost universally as a cornerstone of law and
Fifteen years after the first steps of the eu East Enlargement process, many scholars have converged in emphasizing that the rule of law-related reforms, and particularly judicialreforms, have progressively become core issue of the Enlargement process and, surely, the most challenging. The
of particular interest both from a historical and a comparative point of view. The extraordinary case of the Chinese judicialreform is an especially vivid example of the universal need for ongoing court reform.
1.2 The Aims and Structure of the Dialogue in This Volume
The anthology is our third
proposed solutions on judicial reform can be further implemented with a change in narrative and in our understanding of certain fundamental concepts. In essence, the paper will provide a contemporary basis for a proper analysis of the way in which African customary law is currently being regulated within
The Central Judicial System Reform Committee promulgated the Regulations for Reform of the Judicial System at the end of 2004, while the Supreme Peoples Court promulgated the Outline of the Second Five-year Reform of the Peoples Courts (20042008). Judicial reform first began in 2007 after public complaints began flooding in about the lack of judicial fairness. As a result, the civil retrial system was overhauled. Trial proceedings are now standardized and open and human rights during criminal trials are protected. As the Chinese government begins implementing rule of law, Chinese citizens have more expectations and demands of judicial work. Judicial reform will improve the structure of legal organizations, distribute appropriate tasks among relevant personnel, and maintain the lawful rights and interests of the people, thus providing a powerful judicial guarantee for the establishment of a harmonious society.
is an assumption among observers of judicial councils, supporters and critics alike, that transparent operations are essential, if only to put a potential check on their exercise of power. Students of the judiciary and judicialreformers also assume that transparency is a prerequisite for