ABSTRACT
This chapter describes the organization and operation of the legislature and the judiciary as provided in formal laws of the Chinese state. It examines the role of the Party in the legislature and judiciary, respectively. The chapter assesses the role of the Party from the perspective of legitimacy management. China’s state Constitution designates the National People’s Congress (NPC) as "the highest organ of state power," vesting it with the power to represent the sovereignty, namely the Chinese people. From the Party’s perspective, controlling the legislative power is a natural result of its ruling status and is not inconsistent with international best practices. Party interference has led to judicial corruption, opaque trial process, and delayed court proceedings and wrongful prosecutions of innocent citizens, a phenomenon that is not uncommon. According to the Party-state’s new plan, trial independence will be strengthened by holding court hearings to be at the center of the adjudication process.
