This ground.breaking work presents the first account written in English on the principle of judicial independence in contemporary China. Editor Randall Peerenboom tackles this major undertaking by assembling twelve essays that explore judicial independence from a wide variety of perspectives. These authors examine the challenges of applying judicial independence to the institutional arrangements and social needs of this rapidly evolving major world power, and collectively provide valuable insight into the inner workings of the Chinese legal system within the context of a broader comparative and developmental framework. This insight is especially timely given China's newfound status as a model for other developing states and the work succeeds in defying conventional wisdom about judicial independence in China and its relationship with economic growth, the rule of law, human rights protection, and democracy.

Through his comprehensive introduction, Peerenboom situates the subsequent chapters within a series of overarching goals, which include subjecting judicial independence and claims made on its behalf to critical scrutiny, contributing to the understanding of judicial independence in authoritarian regimes, deconstructing myths about Chinese judicial independence, and finally recommending measures to enhance judicial independence. Peerenboom notes that while judicial independence is seen as essential to many aspects of development such as the rule of law, good governance, economic growth, democracy, human rights, and geopolitical stability, China has developed rapidly in the absence of an independent judiciary by conventional standards.

While not all the authors share the same views on the desirability of implementing an Anglo-American approach to judicial independence in China, a number of key findings emerge. Notably, authoritarian regimes turn to courts more often than commonly perceived in order to facilitate economic growth and maintain social order. China has taken its own approach to the function of law during its continuing period of rapid development, something the authors refer to as the “socialist rule of law”. Despite the lack of formal guarantees of judicial independence, judges decide cases free from direct interference in the vast majority of the 8 million cases the Chinese courts hear each year. As such, an account of judicial independence in China must consider a wide range of cases instead of focusing on high profile political disputes that tend to distort perceptions. For example, in commercial law cases, Chinese courts routinely exercise their independence and participants in these cases report a high rate of satisfaction. Most of the authors also advocate a nuanced approach to understanding judicial independence in China that takes into account its unique historical development and socio-political context. While it is unlikely that the Communist Party of China or its significant influence will disappear anytime soon, it is clear that the Party has become increasingly comfortable with the courts dealing with a wide range of cases.

Highlights of the book include an engaging debate between Keith E. Henderson and Antoine Garapon on the suitability of international best practices versus a contextual approach that avoids transplanting doctrines produced through Western history into a state with its own history, culture, and politics. In addition, Zhu Suli's thick description of the Party and its evolution provides a fascinating glimpse into its role in Chinese courts. Finally, Carlo Guarnieri makes an interesting comparison between the experiences of Chinese judges and their colleagues in Eastern European authoritarian regimes based on the judicial reference group. Overall, the work provides a valuable addition to the very limited scholarship on contemporary challenges facing Chinese judges and courts. While Peerenboom largely succeeds in his objectives, this book ultimately represents a starting point in understanding the role of judges and courts in a complex and powerful state undergoing a process of radical transformation.