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2 - The Chinese Case

from Part I - Foundations

Published online by Cambridge University Press:  23 July 2026

Yueduan Wang
Affiliation:
Peking University, Beijing
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Summary

This chapter situates China under Xi Jinping as a paradigmatic case of legal dualism. It begins by tracing the deep institutional embeddedness of courts in the pre-2012 era and examines how concerns over social stability drove widespread extrajudicial intervention. It then analyzes Xi’s unprecedented political centralization, which restructured center–local relations and created the conditions for judicial reform. Engaging ongoing scholarly debates over whether these reforms signal a “turn toward law” or reinforce courts as order-maintenance tools, the chapter introduces the dual state framework as a more productive alternative. It argues that China’s current legal configuration aims to institutionalize a dual state – enhancing judicial professionalism and autonomy in routine matters while maintaining Party control over politically salient cases.

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  • The Chinese Case
  • Yueduan Wang, Peking University, Beijing
  • Book: The New Dual State
  • Online publication: 23 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009661669.002
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  • The Chinese Case
  • Yueduan Wang, Peking University, Beijing
  • Book: The New Dual State
  • Online publication: 23 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009661669.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Chinese Case
  • Yueduan Wang, Peking University, Beijing
  • Book: The New Dual State
  • Online publication: 23 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009661669.002
Available formats
×