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Judicial Legitimation in China

Chen, Benjamin Minhao; Li, Zhiyu

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Benjamin Minhao Chen


Courts have emerged as vital policymaking bodies of the People’s Republic of China. Chinese courts do not only adjudicate individual cases; they also operate as quasi-legislative bodies by promulgating interpretations on a wide range of fields and subjects. These judicial interpretations—issued in the absence of a live case or controversy— have come to acquire the force of law despite their initial lack of a constitutional or statutory basis. In some instances, they do not merely elaborate the statutory code at issue but also supplement it.


Chen, B. M., & Li, Z. (2021). Judicial Legitimation in China. Cornell international law journal, 53(2), 169-206

Journal Article Type Article
Acceptance Date Oct 10, 2019
Online Publication Date Oct 26, 2021
Publication Date 2021
Deposit Date Mar 11, 2019
Publicly Available Date Jan 21, 2020
Journal Cornell international law journal
Print ISSN 0010-8812
Publisher Cornell Law School
Peer Reviewed Not Peer Reviewed
Volume 53
Issue 2
Pages 169-206
Publisher URL


Accepted Journal Article (610 Kb)

Copyright Statement
This is a draft version of an article published in the Cornell international law journal volume 53.

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