Judicial lawmaking and discontent: debating the legislative function of Chinese courts

China's approach to judicial lawmaking differs from conventional models because it largely relies on judicially created 'interpretative documents'. In this way, courts can codify judicial policies in a manner that is similar to legislation and can function as occasional de facto legislators. This practice of 'interpretative documentation' involves the legislative authority of the courts, generating tension with their de jure adjudicative role. As such, the expansion of judicial lawmaking power has inevitably given rise to discontent, resulting in the amendment of the Legislation Law in 2015. This study presents an empirical account of China's evolving landscape of judicial lawmaking, focusing on the institutional dynamics of interpretative documentation. Among other empirical findings, it reveals the gap between judicial reality and legislative rhetoric, and the undersupply of formal legal institutions needed to meet the local demands of judicial lawmaking.