Starting from the establishment of the guiding case system in December 2010, the Supreme People＇s Court of China has issued 31 guiding cases. This article discusses the background, purposes and functions, ways to fun...Starting from the establishment of the guiding case system in December 2010, the Supreme People＇s Court of China has issued 31 guiding cases. This article discusses the background, purposes and functions, ways to function, and effects of the guiding case system. It compares it with ancient Chinese guiding case systems, and the common law system from these perspectives. Based on the analysis of these comparisons, this article argues that the current guiding case system is neither an extension of the ancient Chinese guiding case systems nor a transplant of the common law system. However, the current guiding case system and common law system have the tendency to become more and more similar systems in reality.展开更多
Given the comprehensive reforms of and the temporary good scores achieved by the Commissions of Party Discipline Inspection （CDIs）, it is important to understand these reforms to answer how long this anticorruption ...Given the comprehensive reforms of and the temporary good scores achieved by the Commissions of Party Discipline Inspection （CDIs）, it is important to understand these reforms to answer how long this anticorruption movement could last and whether it could finally succeed. Targeted at the CDIs＇ historical problems and the adapting problems of the specialized-anticorruption-commission model （SAC）, this article is composed of five parts, including： the historical non-specialized mission and the structural three-transform reform of the CDIs; the historical non-independence of the CDIs within the dual leadership framework, and its recent reforms; a new understanding of the sufficiency of the CDIs＇ capacity compared with China＇s Hong Kong＇s ICAC, a successful example of the SAC, to overcome the distance problem in adapting the SAC; recent reforms on the accountability and disclosures of the CDIs to overcome the time consistency problem; and the conclusions for current achievements, with brief discussions of recent anticorruption strategies and the limitations or unresolved issues, and the lessons to adapt the SAC.展开更多
文摘Starting from the establishment of the guiding case system in December 2010, the Supreme People＇s Court of China has issued 31 guiding cases. This article discusses the background, purposes and functions, ways to function, and effects of the guiding case system. It compares it with ancient Chinese guiding case systems, and the common law system from these perspectives. Based on the analysis of these comparisons, this article argues that the current guiding case system is neither an extension of the ancient Chinese guiding case systems nor a transplant of the common law system. However, the current guiding case system and common law system have the tendency to become more and more similar systems in reality.
文摘Given the comprehensive reforms of and the temporary good scores achieved by the Commissions of Party Discipline Inspection （CDIs）, it is important to understand these reforms to answer how long this anticorruption movement could last and whether it could finally succeed. Targeted at the CDIs＇ historical problems and the adapting problems of the specialized-anticorruption-commission model （SAC）, this article is composed of five parts, including： the historical non-specialized mission and the structural three-transform reform of the CDIs; the historical non-independence of the CDIs within the dual leadership framework, and its recent reforms; a new understanding of the sufficiency of the CDIs＇ capacity compared with China＇s Hong Kong＇s ICAC, a successful example of the SAC, to overcome the distance problem in adapting the SAC; recent reforms on the accountability and disclosures of the CDIs to overcome the time consistency problem; and the conclusions for current achievements, with brief discussions of recent anticorruption strategies and the limitations or unresolved issues, and the lessons to adapt the SAC.
