Courts have emerged as vital policymaking bodies of the People’s Republic of China. Chinese courts do not only adjudicate individual cases; they also operate as quasi-legislative bodies by promulgating interpretations on a wide range of fields and subjects. These judicial interpretations—issued in the absence of a live case or controversy— have come to acquire the force of law despite their initial lack of a constitutional or statutory basis. In some instances, they do not merely elaborate the statutory code at issue but also supplement it.
Judicial Legitimation in China
26 Oct 2021