Regulating Judges
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Regulating Judges

Beyond Independence and Accountability

Edited by Richard Devlin and Adam Dodek

Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
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Chapter 5: Moving target: the regulation of judges in China’s rapidly evolving legal system

Ray Worthy Campbell and Fu Yulin

Abstract

China’s judicial system has undergone rapid development in recent decades. Both Chinese culture and the governance of China have made the process much more complex than the simple copying of Western models. Today’s system includes an increasingly well-trained and professional judiciary applying modern procedural and substantive codes. Those codes are applied, however, in the context of cultural characteristics such as face and guanxi, and subject to the supervision of the Communist Party of China, a supervision meaningful only in certain kinds of cases. Going forward, more change is certain, as China balances the needs of development and tradition.

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