Judicial activism in China

Date of this Version


Document Type

Book Chapter

Publication Details

Citation only

Lo, V.I. (2014). Judicial activism in China. In J.O. Haley & T. Takenaka (Eds.), Legal Innovations in Asia (pp.164-179). Cheltenham, UK: Edward Elgar Publishing Ltd.

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Copyright © The Editors and Contributors Severally, 2014

2014 HERDC submission


978 1 78347 278 9


Extract: Judicial activism versus judicial restraint is a perennial theme in legal literature. Based on the principle of separation of powers, judicial activism frequently carries a negative connotation, while judicial restraint is championed as the antidote for unbridled discretion. Since China launched economic reforms in the late 1970s, the Chinese judiciary has undertaken various reforms, especially in terms of the qualification of judges, the judicial processed and the role of the court in society.

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