The Power Logic of Justice in China

Abstract

The vast literature on judicial behavior in China has generated valuable insights, yet huge gaps remain open. Lacking in particular is a coherent and trans-substantive analytical framework that can demystify the complex and elusive boundary between Chinese law and politics and explain major post-filing actions of a Chinese court, i.e., what the court does regarding its jurisdiction, which dispute resolution method it prefers (mediation versus adjudication), to what extent it applies the law fairly, how it exercises its discretion in adjudication, and how it subsequently enforces the judgment. Behind all these components of judicial behavior, I contend, lies a coherent power logic. This Article articulates that logic by presenting a unified positive theory of nuanced power distribution.