Posts tagged ‘legal reform’


China’s top court unveils deadlines for legal reform | Reuters

China’s top court set a five-year deadline on Thursday for legal reforms to protect the rights of individuals, prevent miscarriages of justice and make its judiciary more professional as the ruling Communist Party seeks to quell public discontent.

Zhou Qiang, President of China's Supreme People's Court, attends National People's Congress (NPC) in Beijing, March 7, 2013. REUTERS/Stringer

A statement on the Supreme Court’s website promised specific deadlines for each goal, including support for a “social atmosphere of justice” by 2018.

It gave more details of a decision reached at a four-day meeting last year, when the party pledged to speed up legislation to fight corruption and make it tougher for officials to exert control over the judiciary.

Despite the legal reforms, Chinese President Xi Jinping‘s administration has shown no interest in political change and has detained dozens of dissidents, including lawyers.

China’s top court stressed that one of the five basic principles of legal reform was adhering to the party’s leadership and “ensuring the correct political orientation”.

He Xiaorong, the director of the Supreme People’s Court‘s reform division, said the court “would make officials bear responsibility for dereliction of duty” for cases that have a wide impact.

“Only through the establishment of such a system can we ensure that we can guarantee social fairness and justice in every case,” He told a news conference, according to a transcript on the court’s website.

The measures reflect worries about rising social unrest. Anger over land grabs, corruption and pollution – issues often left unresolved by courts – have resulted in violence between police and residents in recent years, threatening social order.

via China’s top court unveils deadlines for legal reform | Reuters.


China Legal Reform Promises Cause for Cautious Optimism – China Real Time Report – WSJ

The initial communiqué that emanated from China’s major meeting of top Communist Party leaders on November 12th focused on economic reform and had little to say about the legal realm. That changed three days later when the Central Committee of the Chinese Communist Party released a 60-point “resolution” that announced two potentially significant legal reforms and provided more detail about additional reform targets.

While it’s only possible to gauge the transformation of rhetoric into action after the fact, I’m not alone in welcoming the new goals. I recently attended a long-planned meeting in Seattle of a group of specialists on Chinese law. The meeting began on November 14, and the mood was discouraged given the scarcity of references to legal institutions in the communiqué. By the next morning, however, the atmosphere shifted as details of the just-released resolution trickled in.

The resolution specifically mentions two potentially important reforms: abolition of the system of “re-education through labor” (in Chinese: laojiao) and a plan to move the courts and the procuracy (prosecutors) away from the influence of local governments.

Laojiao, initiated in 1957, is a system under which the police may send people to labor camps for up to four years without formal arrest or trial.  Initially established to deal with recidivist petty criminals who would otherwise burden the courts, it has been extensively used to incarcerate “counter-revolutionary” dissidents, aggressive petitioners, members of the Falun Gong religious movement and other persons deemed to present unwelcome political challenges to CCP rule. It has long provoked criticism by Chinese legal scholars, other advocates of legal reform and members of the public.

via China Legal Reform Promises Cause for Cautious Optimism – China Real Time Report – WSJ.

Law of Unintended Consequences

continuously updated blog about China & India

ChiaHou's Book Reviews

continuously updated blog about China & India

What's wrong with the world; and its economy

continuously updated blog about China & India