Abstract

A feature of the comparative law literature is a tendency amongst the world’s legal systems towards adoption of a common intellectual framework for dispute resolution. This paper analyses the concept of convergence as it applies to the contemporary Chinese legal system. Driven in part by the economic reforms of the late twentieth century, the administration of justice in China is undergoing revolutionary change. This paper discusses some of the emerging characteristics of the Chinese system, including the explosion in legislative activity, the ways in which the concept of the rule of law has been adopted and adapted, the extent to which the Chinese judiciary is independent, the adoption of a judicial code of ethics, and the reforms intended to give the judiciary a measure of institutional autonomy. It concludes that while there are limits to the authority of the judiciary in China, there have been considerable advances.

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