Judicial Politics in China

Event Description

There is a large amount of comparative and theoretical literature on judicial politics in liberal democracies. However, there is a lack of normative and positivist discussion of judicial politics in China. One popular perception of Chinese courts is that they are passive, submissive, and an instrument for political agenda. A different approach ignores the pervasiveness of politics in the Chinese judiciary, focusing more on formalistic studies of procedures and organizations. 

This research project challenges the above conventional wisdom. It contends that subjection ought not to be confused with passivity. Individuals and institutions are self-interested, regardless of their ideological influences and cultural backgrounds. This research project showcases how courts and judges participate and are represented, and how they attempt to advance their interests by interacting with other legal institutions and political actors through a case study of the recent cross-regional court reform in China. 

Speaker

Jie Cheng is Associate Professor of Law at the Peter A. Allard School of Law. Her teaching and research interests include Chinese law and government, comparative constitutionalism, judicial politics, freedom of information, property law and Hong Kong Basic Law. Prior to joining the Allard School of Law, she taught at Tsinghua University School of Law from 1999-2019. Professor Cheng has held visiting appointments at Michigan University Law School, Columbia University Law School, Oslo University Human Rights Center, Sciences Po Paris, Chinese University of Hong Kong and Hong Kong University. Professor Cheng has been actively involved in legal practice as a legal clinical supervisor as well as a government legal advisor. Between 2006-7, she was seconded to the Hong Kong and Macau Basic Law Commissions of the Chinese National People’s Congress Standing Committee. Professor Cheng is an associate member of the International Academy of Comparative Law.