On February 19th, 2025, CSCC had the pleasure of inviting Professor Xin He, Professor of Law at the University of Hong Kong, to discuss his latest novel titled “The Judicial System of China.” This book presents a governance model for China and culminates over 2 decades of Dr. He’s independent research.
In his presentation, Dr. He outlines the operational capacities of the courts and legal systems after President Xi Jinping took power and reformed China. Professor He underscores the “dualistic” objectives of the Chinese courts under this new leadership: supporting the state’s policy implementation and enhancing the court’s legitimacy. The court also functions slightly beyond these capacities, as it is involved in tasks like beautification of Chinese infrastructure. However, there is a profound misconception of the court that many foreigners hold, believing that the Chinese court wields the power of the law to control society. In reality, Dr. He shares how this is not how the law is enforced and that the court is a great asset to some of China’s most vulnerable individuals, including the poorest laborers. He shares that court decisions are valued for their democratic processes and clear explanations by the judges, promoting understanding across China’s social classes. Reshaping such perceptions is crucial to form an accurate opinion on the Chinese government structure.
Dr. He also emphasized the unique characteristics that Chinese courts possess, distinguishing them from courts located in other countries. For one, the Chinese court system is regarded as extremely efficient, handling over 45 million cases and closing 300 of them per year. This is especially impressive considering the size of China’s population and the country’s fast rate of economic growth. Chinese courts also achieve this while keeping the costs of trial relatively low, portraying the courts as accessible to all and adding to their legitimacy. Another difference is how China’s court system is not considered independent from the other components of the government, as upheld in Western courts, which Dr. He mentions is a highly contested topic in modern-day literature.
In regards to the court’s policy implementation function, Chinese courts are known to implement policies the ruling regime wants. Since Chinese regimes and their priorities change with time, this causes the policies the court implements to fluctuate as a result. Two examples of Chinese court activity Dr. He highlighted were the COVID-19 pandemic and wartime. During COVID-19, the Chinese court acted very cautiously and did not accept any cases relating to the pandemic, shaping a time period characterized by little court activity. On the other hand, during wartime, the Chinese courts are more active, prioritizing their military budget and defeating adversaries. Despite this distinction between politically sensitive vs. insensitive cases, Professor He underscores how any case can be escalated to a high level if the content becomes severe enough.
The intricacies of Chinese courts and their decisions vary across different regions and time periods. In light of the drastic social and economic changes China is currently facing, it will be interesting to see how their courts adapt.