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Embedded Courts Judicial Decision Making in China 1st Edition by Kwai Hang Ng, Xin He ISBN 1108420494 978-1108420495

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Product details:

ISBN 10: 1108420494 

ISBN 13: 978-1108420495

Author: Kwai Hang Ng, Xin He

Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow – political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China – one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.

Table of contents:

Chapter 1 Chinese Courts as Embedded Institutions
Chapter 2 The Daily Rounds of Frontline Judges
Chapter 3 Cohorts of Judges
Chapter 4 Administrative Embeddedness – The Vertical Hierarchy of Control
Chapter 5 Political Embeddedness – Courts as a Stability Maintenance Agency
Chapter 6 Social Embeddedness – Ties from Within and from Without
Chapter 7 Economic Embeddedness – The Political Economy of Court Finances
Chapter 8 Conclusion
Chapter 9 Methodological Appendix

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Tags: Kwai Hang Ng, Xin He, Embedded Courts, Judicial Decision Making, China