This article examines the three types of judicial discretion that exists in any legal system – fact based discretion; self-interested discretion, and ideological discretion -- in the context of China. Through its procedural laws, the Chinese legal system demonstrated a continuing preference for informality and flexibility. While concept of supervision and the procedure of adjudication supervision are efforts to constrain fact-based and self-serving personal discretion, the concept of “supervision” is also a window to ensure ideological compliance in individual judicial work.
judicial discretion, China
University of Washington School of Law
Copyright 1999 Pacific Rim Law & Policy Journal Association.
Pacific Rim Law & Policy Journal Association
Woo, Margaret Y. K., "Law and discretion in the contemporary Chinese courts" (1999). School of Law Faculty Publications. Paper 169. http://hdl.handle.net/2047/d20002530
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