Libraly Journal

Libraly Journal ›› 2023, Vol. 42 ›› Issue (382): 36-43.

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Empirical Study on Judicial Application of Public Library Law(2018-2021): A Sample of 165 Court Decisions

Zhang Jian, Zhang Dongyu (School of Law, Jiangsu University)   

  • Online:2023-02-15 Published:2023-03-02
  • About author:Zhang Jian, Zhang Dongyu (School of Law, Jiangsu University)

Abstract: The judicial application of the Public Library Law is an important standard to test thelegislative effect of the law, and also provides a window of observation for promoting the futureimprovement of the law. Since its promulgation in 2018, the Public Library Law has played a significantrole in judicial practice. Through the statistical analysis of 165 judgment documents in the past three yearsafter the promulgation and implementation of the law, it is found that the judicial application of the PublicLibrary Law shows the characteristics of increasing cases year by year, uneven regional distribution anddownward shift in court level. In judicial practice, the Public Library Law claims the rights, declares thevalue, and enforces standardization. However, the law has many problems, such as excessive declarativeprovisions, weak direct binding force and low frequency of judicial application. In the future, it isnecessary to improve the legislative quality of the Public Library Law, perfect the reasoning componentof court judgment documents, and strengthen the popularization of law, so as to better promote the furtherdevelopment of China’s public library cause.