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

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Show simple item record Hawes, Colin en_US
dc.contributor.editor en_US 2010-05-28T09:56:40Z 2010-05-28T09:56:40Z 2003 en_US
dc.identifier 2006006689 en_US
dc.identifier.citation Hawes Colin 2003, 'Seeds of Dissent: The Evolution of Published Commercial Law Court Judgments in Contemporary China', The Federation Press, vol. 5, no. 1, pp. 1-41. en_US
dc.identifier.issn 1443-0738 en_US
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. en_US
dc.language en_US
dc.publisher The Federation Press en_US
dc.relation.hasversion Accepted manuscript version en_US
dc.title Seeds of Dissent: The Evolution of Published Commercial Law Court Judgments in Contemporary China en_US
dc.parent Australian Journal of Asian Law en_US
dc.journal.volume 5 en_US
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 180100 en_US
dc.personcode 995106 en_US
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; JUDGMENTS; JUDICIARY; RULE OF LAW en_US
dc.staffid en_US
dc.staffid 995106 en_US

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