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ID: 179776

Court as a market regulator: Proactive rule-making of the Supreme People’s Court of China on economic regulation / Su, Pan

Su, Pan	Journal Article
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Summary/Abstract

The literature on the allocation of power for rule-making and law enforcement assumes that administrative agencies are ex-ante regulators, while courts are ex-post enforcers. However, the Supreme People’s Court of China makes proactive rules to govern economic affairs, functioning as a de facto market regulator. The empirical evidence on Chinese credit regulations suggests that the incentive level and information access interactively determine the rule-making power allocation between courts and agencies. This article argues that the additional delegation of proactive rule-making power to the judiciary is both a challenge and an opportunity for advancing China’s reform agenda. It proposes institutional rearrangements to correct ineffective incentives and to channel information into courts. The research highlights the hybrid role the Supreme People’s Court plays in policy implementation and dispute resolution, offering new insights into the design of efficient rule-making power allocation.

Key Words

Judicial Interpretation ; Economic Regulation ; Supreme People’s Court of China ; Proactive Rule-Making ; Power Allocation ; Jjudicial Document

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ID: 146676

Functional analysis of China’s guiding cases / Jinting, Deng

Jinting, Deng	Journal Article
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Contents

This article starts from the essential differences between the effects of China’s guiding cases and precedents of the US Common Law system. Then, it makes a factual study of what guiding cases have achieved in relation to the well-known functions of case law, and finds that guiding cases similarly function to adapt law to social needs and strengthen judicial autonomy. Following that, it adopts a cost–benefit approach to analyse differences in relation to the realisation of those functions, and finds that they can be explained in that approach. It concludes with the understanding that guiding cases serve as a tool of the Supreme People’s Court of China, and that there are limitations to their functions and Chinese characteristics.

Key Words

China ; Judicial Autonomy ; China’s Guiding Cases ; US Common Law System ; Supreme People’s Court of China

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