Petition and Judicial Integrity

Abstract

The petition system (Xingfang) is one of the greatest dilemmas in China’s legal framework. Chaos was created as a result of the clash between it and the judicial system. This article is divided into three sections to analyze the interaction between petition practice and judicial integrity. The first section will identify the factors limiting judicial independence in mainland China, which is the main reason for the swelling number of petitions. Further, the characteristics leading to the failure of the petitioning system will also be explored. In the second section, the author will go on to explain the inherent conflict between the petitioning system and judicial integrity. In conclusion, the article draws together all the above strands into an overall analysis contending that the misplaced functions of petition practice should be redefined and a comprehensive reform is imperative.