The intersection of legitimacy, rule of law, and courts in China’s judicial governance forms a critical nexus in understanding China’s legal landscape and their implications for China’s domestic governance. By examining how these factors interact within the Chinese court system, we gain insights into the evolving nature of legal norms, institutional legitimacy, and the role of the judiciary in upholding the rule of law in China. On the one hand, China continues to maintain and even strengthen its traditional strengths in organizing and mobilizing social resources, improving the efficiency of resource utilization, bridging regional disparities, and maintaining the effectiveness and legitimacy of governance. This includes control over courts. But on the other hand, it has embraced modern judicial concepts represented by procedural justice and continuously carried out reforms of the courts accordingly. By strengthening judicial transparency and legal accountability, China seeks to enhance the credibility of its legal system, reinforcing its legitimacy both domestically and internationally. Different legitimacy mechanisms sometimes complement each other while sometimes conflict, leading to decoupling in court organizations to meet different requirements. While organizational decoupling implies the need for more reforms to reconcile underlying contradictions, it per se reflects the Chinese courts’ efforts to transform toward modernization and professionalism. It also demonstrates how China absorbs new concepts and discourses while preserving its own characteristics and strengths of governance. As China asserts its leadership in global governance and sustainable development, its approach to legal principles and judicial practices becomes a focal point for comparative analysis. Understanding how China navigates these aspects not only sheds light on its domestic governance model but also influences perceptions of its commitment to international norms and standards. For countries in the global south, China’s stance on legal governance sets a precedent for engaging with global institutions and shaping a more inclusive and equitable global governance framework.

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Legitimacy, Rule of Law, and Courts in China’s Judicial Governance

  • Xuanxi Liu

摘要

The intersection of legitimacy, rule of law, and courts in China’s judicial governance forms a critical nexus in understanding China’s legal landscape and their implications for China’s domestic governance. By examining how these factors interact within the Chinese court system, we gain insights into the evolving nature of legal norms, institutional legitimacy, and the role of the judiciary in upholding the rule of law in China. On the one hand, China continues to maintain and even strengthen its traditional strengths in organizing and mobilizing social resources, improving the efficiency of resource utilization, bridging regional disparities, and maintaining the effectiveness and legitimacy of governance. This includes control over courts. But on the other hand, it has embraced modern judicial concepts represented by procedural justice and continuously carried out reforms of the courts accordingly. By strengthening judicial transparency and legal accountability, China seeks to enhance the credibility of its legal system, reinforcing its legitimacy both domestically and internationally. Different legitimacy mechanisms sometimes complement each other while sometimes conflict, leading to decoupling in court organizations to meet different requirements. While organizational decoupling implies the need for more reforms to reconcile underlying contradictions, it per se reflects the Chinese courts’ efforts to transform toward modernization and professionalism. It also demonstrates how China absorbs new concepts and discourses while preserving its own characteristics and strengths of governance. As China asserts its leadership in global governance and sustainable development, its approach to legal principles and judicial practices becomes a focal point for comparative analysis. Understanding how China navigates these aspects not only sheds light on its domestic governance model but also influences perceptions of its commitment to international norms and standards. For countries in the global south, China’s stance on legal governance sets a precedent for engaging with global institutions and shaping a more inclusive and equitable global governance framework.