An empirical study on the formation of norms carried out by the court : The mechanism of "Judicial activism with Chinese characteristics"
| Project/Area Number |
22830001
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Hokkaido University |
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Principal Investigator |
XU Xing 北海道大学, 大学院・法学研究科, 助教 (30580005)
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| Project Period (FY) |
2010 – 2011
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| Project Status |
Completed (Fiscal Year 2011)
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| Budget Amount *help |
¥1,924,000 (Direct Cost: ¥1,480,000、Indirect Cost: ¥444,000)
Fiscal Year 2011: ¥767,000 (Direct Cost: ¥590,000、Indirect Cost: ¥177,000)
Fiscal Year 2010: ¥1,157,000 (Direct Cost: ¥890,000、Indirect Cost: ¥267,000)
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| Keywords | 比較法 / 中国法 / 裁判法 / 司法制度 / 能動司法 |
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| Research Abstract |
This study mainly focuses on the proactive law-creation activities carried out by the judicial branch(especially the Supreme Court) in modern China. After analyzing its primary means of law-creation,"judicial interpretation", and the newly introduced "case guidance system", it is empirically proved that there are occasions when court cases function as precedents, which makes it possible for general public's appeal to be transformed into law. However, all these judicial law-creation systems are still part of the "trial control system", which is being used by The Communist Party of China to maintainits dictatorship.
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Report
(3 results)
Research Products
(8 results)
