The Rule of Bureaucracy: A Reflection on Chinese Criminal Justice
ISBN-13: 978-1-59332-809-2 / Hardcover
Dimensions: 5.5 x 8.5 / xii, 240 pages
Zhang argues that the Chinese Criminal Justice syste constitutes rule of bureaucracy rather than rule of law. The work looks into the underlying causes of the lack of genuine rule of law in China, and identifies the major barrier: an omnipotent political bureaucracy. The long history of Chinese Mandarin bureaucracy has given rise to the habitual practice of relying on executive authority for justice rather than providing for the pursuit of justice through a system of courts. The judiciary in China has to cope with both indirect and direct challenges from the all political bureaucracy, and it lacks the social and institutional standing to provide any genuine measure of judicial independence in defense of the rule of law. While change is taking place in the direction of judicial independence and the rule of law, that change is slow in and progress often comes at great cost to those brave lawyers fighting for it.