The Court as a Policy Information Discoverer: Evidence from China’s Emerging Industries

Abstract

Abstract This paper delves into the pivotal role that courts play in shaping public policy, particularly in the context of burgeoning industries. It shifts the focus from Constitutional and Supreme Courts to the significant, yet often unnoticed, role of local courts. It proposes that these local courts are uniquely positioned to act as discoverers of vital information for public policy, especially critical in the fast-paced arena of emerging industries where policymakers often lack comprehensive information. This study highlights three key mechanisms used by courts to gather policy-relevant information: collection, scanning, and extraction. These methods help reduce political bias, explore policy boundaries, and propose feasible alternatives. The paper illustrates these processes through six cases from the emerging industry sectors in China, adjudicated by local courts. It emphasizes the necessity for policy practices to take into account the nuanced judicial judgments at the micro level.