Made in China: Chinese Re-Conceptualization of the Ideal of Judicial Independence (1906–1937)

Abstract

Abstract Judicial independence has always been an important theme of China’s judicial reforms, both historically and in recent years. This article sheds light on how Chinese elites and intellectuals created a unique concept of judicial independence in the context of early twentieth-century China, seeking to trace the historical roots of the ongoing judicial reform in the People’s Republic. This uniqueness was characterized by three features: the heterogeneity within the Chinese conception of judicial independence, the reinterpretation of judicial independence into a tool for reinforcing China’s sovereignty, and the applauded control over courts and judges. These features resulted from the inherent tension within China’s pursuit of a modern state. By examining the early discourse and reform efforts, this paper not only highlights the historical struggles for judicial independence, but also, it contributes to understanding contemporary China’s distinctive path in judicial modernization, deviating from liberal constitutionalism.