Mapping the Political Terrain of Justice Reform in China

Abstract

This article argues that it is the national imperative of 'social stability' and not the yearning to establish a socialist version of the 'rule of law', that has been the main catalyst for reforms to the system of law and justice in China. The author argues that some of the current instability has been triggered by the Central Party's own economic policies, which has forced the local governments to become economically self-reliant. Consequently, the local governments have allowed the private and state-owned industries to plunder farming land and residential areas, leading to the dispossession of land by local owners. In the wake of widespread civic protests in the 2000s, the courts often acquiesced to local elites rather than redress citizens' grievances, which would necessitate reforms in the justice system for achieving social order and stability. The article recommends that to facilitate harmonious social progress and stability in China the system as a whole needs to address the engrained deficiencies in the administration of justice.