Seeds of Dissent: The Evolution of Published Commercial Law Court Judgments in Contemporary China

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Show simple item record Hawes, C 2010-05-28T09:56:40Z 2003-01
dc.identifier.citation Australian Journal of Asian Law, 2003, 5 (1), pp. 1 - 41
dc.identifier.issn 1443-0738
dc.identifier.other C1UNSUBMIT en_US
dc.description.abstract This article traces the evolution of published Chinese court judgments from the early to late 1990s, focusing on the official anthology Selected Cases from the People?s Courts. The author translates several examples demonstrating growing awareness among the judiciary of the importance of due process and transparency in the judicial system. Analysis of commentaries to these cases suggests that Chinese judges are also becoming more willing to publicly express divergent and dissenting opinions about legal issues that arise when cases are adjudicated. The latter part of the article then discusses a fascinating experiment by the Guangzhou Maritime Court (GMC), perhaps the next logical step in the evolution of Chinese court judgments. This Court currently posts notarised judgment texts on its website, not merely edited versions that were available before. The Court?s judges also write dissenting or separate concurring opinions within their judgments, rather than relegating them to ancillary legal commentaries published elsewhere. The conclusion critically analyses the reasons given by the GMC President for introducing this experiment and notes some obstacles preventing such transparent adjudicative practices from spreading to courts throughout China. The author suggests that reforms in judgment writing and publication are one of many factors that will encourage the future development of 'rule of law' in China.
dc.publisher The Federation Press
dc.relation.hasversion Accepted manuscript version en_US
dc.title Seeds of Dissent: The Evolution of Published Commercial Law Court Judgments in Contemporary China
dc.type Journal Article
dc.parent Australian Journal of Asian Law
dc.journal.volume 1
dc.journal.volume 5
dc.journal.number 1 en_US
dc.publocation Annandale, Australia en_US
dc.identifier.startpage 1 en_US
dc.identifier.endpage 41 en_US School of Law en_US
dc.conference Verified OK en_US
dc.for 1801 Law
dc.personcode 995106
dc.percentage 100 en_US Law en_US
dc.classification.type FOR-08 en_US
dc.edition en_US
dc.custom en_US en_US
dc.location.activity en_US
dc.description.keywords COURTS
dc.description.keywords JUDGMENTS
dc.description.keywords JUDICIARY
dc.description.keywords RULE OF LAW
pubs.embargo.period Not known
pubs.organisational-group /University of Technology Sydney
pubs.organisational-group /University of Technology Sydney/Faculty of Law
pubs.organisational-group /University of Technology Sydney/Strength - Law Research
utslib.copyright.status Closed Access 2015-04-15 12:17:09.805752+10
pubs.consider-herdc false
utslib.collection.history Closed (ID: 3)

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