Repository logo

An examination of judicial independence in China

Accepted version

Repository DOI



Change log


Fairbairn, William 


jats:sec <jats:title content-type="abstract-subheading">Purpose</jats:title> jats:pThe purpose of this paper is to consider and evaluate judicial independence in China, through reviewing the value in its presence, assessing its current state in China and evaluating what the future holds for it.</jats:p> </jats:sec> jats:sec <jats:title content-type="abstract-subheading">Design/methodology/approach</jats:title> jats:pThe paper reviews the benefits of judicial independence in its support of the rule of law. Following this, an evaluation of the current independence of the judiciary in China is presented. The reforms of the judiciary in the Fourth Plenary Session and the outlook for judicial independence in China are assessed.</jats:p> </jats:sec> jats:sec <jats:title content-type="abstract-subheading">Findings</jats:title> jats:pThe paper finds that judicial independence in China cannot be said to exist, being vulnerable to influence from a variety of sources. There is, however, progress observed, and this is expected to continue.</jats:p> </jats:sec> jats:sec <jats:title content-type="abstract-subheading">Originality/value</jats:title> jats:pThis paper’s consideration of judicial independence in China and its outlook are framed with discussions of the relationships between judicial independence and the rule of law, and the Chinese state and the rule of law. The paper should thus contribute to discussion of the development trajectory of China in this important facet.</jats:p> </jats:sec>


This is the author accepted manuscript. The final version is available from Emerald via


judicial independence, judiciary, rule of law, China, fourth plenary session

Journal Title

Journal of Financial Crime

Conference Name

Journal ISSN


Volume Title