Do Judges in China Follow Wrongly Decided Precedents? - An Empirical Study
Article
Qu, Charles Zhen, Li, Bin and Lin, Lauren Yu-Hsin. 2024. "Do Judges in China Follow Wrongly Decided Precedents? - An Empirical Study." The Chinese Journal of Comparative Law. 12. https://doi.org/10.1093/cjcl/cxae006
| Article Title | Do Judges in China Follow Wrongly Decided Precedents? - An Empirical Study |
|---|---|
| ERA Journal ID | 201563 |
| Article Category | Article |
| Authors | Qu, Charles Zhen, Li, Bin and Lin, Lauren Yu-Hsin |
| Journal Title | The Chinese Journal of Comparative Law |
| Journal Citation | 12 |
| Number of Pages | 27 |
| Year | 2024 |
| Publisher | Oxford University Press |
| Place of Publication | United Kingdom |
| ISSN | 2050-4802 |
| 2050-4810 | |
| Digital Object Identifier (DOI) | https://doi.org/10.1093/cjcl/cxae006 |
| Web Address (URL) | https://academic.oup.com/cjcl/article/doi/10.1093/cjcl/cxae006/7667393 |
| Abstract | Do Chinese judges follow prior decisions fraught with judicial errors? If they do, why do they do so? The development of policies on the reform of China’s judicial system requires an answer to these questions. Unfortunately, empirical findings that may lead to an answer, especially those based on data collected from case reports, are lacking. To fill this gap, we undertook an analysis of 310 case reports on a complex issue to discover (i) the influence of two wrongly decided precedents announced by the Supreme People’s Court and (ii) the extent to which the rank of the deciding court affects the force of this influence. Our findings suggest that judges may rely on an officially designated precedent even if the latter is wrongly decided and the strength of the influence is negatively correlated with the seniority of the deciding court. Our findings are useful for isolating factors affecting judicial decision making in China, which are necessary for making decisions on the reform of judicial system in that country. |
| Keywords | China |
| Contains Sensitive Content | Does not contain sensitive content |
| ANZSRC Field of Research 2020 | 480302. Comparative law |
| Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
| Byline Affiliations | Charles Darwin University |
| School of Law and Justice | |
| University of New England | |
| Griffith University | |
| City University of Hong Kong, China |
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