Courts as Legislators: Supreme People’s Court Interpretations and Procedural Reforms
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.
The China International Economic and Trade Arbitration Commission (CIETAC) is a leading international arbitration centre in mainland China and in the world. Most disputes are between Chinese and foreign counterparts, and there have been lingering doubts about the fairness of CIETAC arbitration among foreign scholars and practitioners.
The Impact of the World Trade Organization on the Chinese Legal System
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.
This brief advances two main theses. Firstly, that the perception that China’s legal system deteriorated between 1998 and 2004 is incorrect. Secondly, that it is too early to conclude that China is trapped in transition.