ABSTRACT

China has experienced a fundamental change in its mode of economic management since its reforming and opening-up to the outside world: from the ex-ante administrative permit and direct regulation to the ex post judicial remedy and indirect restraint. The delineation of judicial independence in China's Constitution is limited to judicial decisions and is not subject to the interference of administrative agencies, social organizations, or individuals. The local administrative and Communist Party of China (CPC) authorities are in charge of the management of the judges and procurators, and the financial budget of the courts and procuratorates is under the control and management of administrative bodies, such as local governments. In contemporary China, the media creates powerful norms of discourse, often reinforcing itself by appealing to the so-called principle of "from the masses and to the masses". The best illustrations of media trials are the Yao Jiaxin and the Li Changkui cases in 2011.