Imports or made-in-China

Abstract

When its economic increase attracts the global attention, China is also looking for a break-through in its judicial reform. The Qi v. Chen case (2001) was considered to be the Chinese version of Marbury v. Madison and gave rise to a heated discussion of the judicial review power in China. This article will analyze the doubts on the Qi case and the prospects of judicial review it indicates through comparison with Marbury v. Madison. Although Qi v. Chen opened the door for constitutional litigation, its dramatic facts and strained application of the Constitution threw it into question. Nevertheless, its effect is unquestionable. However, Rome was not built in one day and only the Qi case cannot complete the establishment of a reliable judicial review system of China. This thesis will explain the difficulties China has in applying judicial review to ensure the implementation of the Constitution.