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  • Governance of the Internal Adjudication Rules of the Local Courts (in Chinese)

Governance of the Internal Adjudication Rules of the Local Courts (in Chinese)

A Functional Perspective

Qian Dajun, Su Hang

English , 2018/10 Hong Kong Institute of Asia-Pacific Studies, CUHK

Tags: Governance

215 x 140 mm , 28pp ISBN : 978-962-441-240-6

  • US$2.50

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The existence in the local courts of a large number of internal adjudication rules is an indisputable fact. Although such rules are not in compliance with the law, they are in face effective because they meet the adjudication needs of the local courts, which current legislation and the judicial system are unable to do. Therefore, such rules should not simply be banned; rather, the reasons for their existence should be explored from a functional perspective before any decision on what to do with them is made. The internal adjudication rules of local courts have the manifest function of providing a basis for trials, while their latent function has caused tension between the central and local governments. In this case, the central government should change the governance strategy of the internal adjudication rules of local courts, and regulate these rules, on the premise that the central government recognizes their legitimacy. Such rules can then exert a positive function, and fully achieve what they are expected to achieve, while their dysfunction can be restricted within the bounds of what can be tolerated within the system.



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