Automating Intervention in Chinese Justice: Smart Courts and Supervision Reform

被引:2
|
作者
Papagianneas, Straton [1 ]
机构
[1] Leiden Univ, SAS China, Leiden Inst Area Studies, Fac Humanities, Leiden, Netherlands
关键词
smart courts; judicial responsibility reform; trial supervision and management; automation; China; justice; JUDICIAL INDEPENDENCE; DECISION-MAKING; CORRUPTION; POLITICS;
D O I
10.1017/als.2023.5
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article examines how smart courts enhance the reform of judicial responsibility and the "trial supervision and management" mechanism. It holds that smart courts, while meant to provide better judicial services and improve access to justice, have the additional goal of enhancing the restructuring of accountability and power structures. It argues that automation and digitization help institutionalize and codify political supervision. Smart courts help resolve tension between the two opposing requirements of Chinese courts to maintain legal rationality and independent adjudication on the one hand, and the need for flexibility to allow intervention on the other. This article provides an account of the automation of "trial supervision and management" and explores the role of technology in enhancing political intervention in China's legal system. This investigation draws on internal court reports and central and local judicial documents, supplemented with a review of Chinese empirical scholarship.
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页码:463 / 489
页数:27
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