| Summary/Abstract |
“Fake divorce” is a phenomenon unique to China that re ects the di -
culty of harmonizing the social governance model under traditional
familism ( 家戶主義 jiahuzhuyi) with the trend toward individualization during Chinese society’s transition from a planned to a market
economy. at di culty and the absence of regulatory rules leave room
for the Chinese courts to innovatively interpret prevailing laws/regulations and create judicial rules by exercising their own discretion. By
analyzing the role the courts have played in adjudicating fake-divorcerelated disputes as well as the relationship between the judicial system
and overall political system, this article reveals their role in modernizing Chinese society during the transition period. It argues that
although judicial power remains embedded in the sociopolitical system,
the courts are to a certain extent so ening the contradiction between
rigid policies and practical realities through the innovative exercise of
judicial rationality. In sum, the general approach adopted by the
Chinese courts in dealing with fake divorce disputes represents a
rational choice based on the exercise of limited judicial resources and
measures rather than a mechanical application of laws or rigid implementation of government policies and goals.
|