China’s economic transition is not ‘trapped’. Instead, China has the capacity to move forward to a more sophisticated and equitable economy.
Courts in China today often act like legislative bodies, making law by issuing interpretations of laws that are binding on the courts. The general trend in China has been towards more transparency and greater public participation in legislative law-making and administrative rulemaking processes. In contrast, the judicial interpretation process is less transparent, with significantly less room for public participation.
It is still early days to appreciate fully the effects of China’s World Trade Organization (WTO) accession in 2001. As China becomes more accustomed to WTO rules and regulations, it will also adopt a more thorough compliance with the spirit of the WTO agreements.
Constitutional disputes are unique among social disputes, given that the constitutionality or legality of laws (acts) and government actions is contested, and to solve them requires particular institutions and procedures.