STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW
Over the last four decades, China has sustained extraordinary economic development despite Western assertions of under-constructed economic markets and the lack of an independent adjudicative process. The purpose of this paper is to set out the context of China’s judicial independence and high econo...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Publshing House V.Ема
2020-03-01
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| Series: | BRICS Law Journal |
| Subjects: | |
| Online Access: | https://www.bricslawjournal.com/jour/article/view/311 |
| _version_ | 1797855833272352768 |
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| author | M. S. Islam X. Xin |
| author_facet | M. S. Islam X. Xin |
| author_sort | M. S. Islam |
| collection | DOAJ |
| description | Over the last four decades, China has sustained extraordinary economic development despite Western assertions of under-constructed economic markets and the lack of an independent adjudicative process. The purpose of this paper is to set out the context of China’s judicial independence and high economic development scenario in the global economy. The paper aims to establish that vast economic expansion is possible without the conventional concept of an independent judiciary in which China provides an important example for the world. The study is mainly qualitative in nature and takes the analytical approach. The data and statistics have been collected from sources of the World Bank, IMF, WTO, UNCTAD, The World Factbook of the CIA, and the Chinese National Bureau of Statistics. The content analysis references the Chinese Constitution and judges law, reports of the Supreme People’s Court, books, journal articles, newspaper articles, media reports, and internet documents. The findings of the study are that China preserves “adjudicative independence” as a unique feature instead of embracing the Western concept of judicial independence that promotes the confidence of investors to make more investments. Additionally, the initiatives of “Made in China” and “One Belt, One Road” attach new wings to China’s emergence as the world’s crucial economic power. The article concludes that China’s experience provides a lesson for policymakers and economists of other developing or transitional countries struggling with weak legal and court systems, and emerging financial markets. The study strengthens the flourishing literature on the connection between judicial independence and economic development. |
| first_indexed | 2024-04-09T20:30:25Z |
| format | Article |
| id | doaj.art-cd76580342914fa28896c1b4a889eefe |
| institution | Directory Open Access Journal |
| issn | 2409-9058 2412-2343 |
| language | English |
| last_indexed | 2024-04-09T20:30:25Z |
| publishDate | 2020-03-01 |
| publisher | Publshing House V.Ема |
| record_format | Article |
| series | BRICS Law Journal |
| spelling | doaj.art-cd76580342914fa28896c1b4a889eefe2023-03-30T20:04:01ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432020-03-017114817710.21684/2412-2343-2020-7-1-148-177157STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEWM. S. Islam0X. Xin1International Islamic University ChittagongSchool of Law, Beijing Institute of TechnologyOver the last four decades, China has sustained extraordinary economic development despite Western assertions of under-constructed economic markets and the lack of an independent adjudicative process. The purpose of this paper is to set out the context of China’s judicial independence and high economic development scenario in the global economy. The paper aims to establish that vast economic expansion is possible without the conventional concept of an independent judiciary in which China provides an important example for the world. The study is mainly qualitative in nature and takes the analytical approach. The data and statistics have been collected from sources of the World Bank, IMF, WTO, UNCTAD, The World Factbook of the CIA, and the Chinese National Bureau of Statistics. The content analysis references the Chinese Constitution and judges law, reports of the Supreme People’s Court, books, journal articles, newspaper articles, media reports, and internet documents. The findings of the study are that China preserves “adjudicative independence” as a unique feature instead of embracing the Western concept of judicial independence that promotes the confidence of investors to make more investments. Additionally, the initiatives of “Made in China” and “One Belt, One Road” attach new wings to China’s emergence as the world’s crucial economic power. The article concludes that China’s experience provides a lesson for policymakers and economists of other developing or transitional countries struggling with weak legal and court systems, and emerging financial markets. The study strengthens the flourishing literature on the connection between judicial independence and economic development.https://www.bricslawjournal.com/jour/article/view/311economic developmentadjudicative independencejudicial reformfinancial reformcorruption |
| spellingShingle | M. S. Islam X. Xin STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW BRICS Law Journal economic development adjudicative independence judicial reform financial reform corruption |
| title | STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW |
| title_full | STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW |
| title_fullStr | STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW |
| title_full_unstemmed | STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW |
| title_short | STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW |
| title_sort | strong economic development without judicial independence in china a review |
| topic | economic development adjudicative independence judicial reform financial reform corruption |
| url | https://www.bricslawjournal.com/jour/article/view/311 |
| work_keys_str_mv | AT msislam strongeconomicdevelopmentwithoutjudicialindependenceinchinaareview AT xxin strongeconomicdevelopmentwithoutjudicialindependenceinchinaareview |