Another day, another set of reforms. It’s as if China is catching up with itself.
Reuters: “Of the many broken institutions in China calling out to be fixed as Beijing prepares to welcome a new generation of leaders, the country’s judicial system is among the most important. In an era of improved communication and increasing public scrutiny, the consistently poor performance of China’s courts, which are controlled by the Communist Party, threaten to seriously undermine the party’s legitimacy. The question is whether China’s leaders would ever consider loosening their grip on the judicial system enough to solve the problems that plague it.
A recent government white paper on judicial reform hints that they might. Released earlier this month by the Information Office of China’s State Council (China’s cabinet), the 20-page document is devoted mostly to declaring that various institutions within the judicial system have been improved and that they are continuing to improve. But it begins and ends in ways that suggest new perspectives.
Bloomberg News
In its preface, the white paper tasks the judicial system to meet a high standard. “The judicial system is a major component of the political system, while judicial impartiality is a significant guarantee of social justice,” it says. adding that “due to the development of the socialist market economy, the comprehensive implementation of the rule of law, and the increasing demands of the public for justice, China’s judicial system urgently needs to be reformed, improve and developed.” The conclusion likewise makes a relatively bold statement, saying judicial reform “is regarded as an important part of China’s political system reform.”
The white paper is also interesting for what it doesn’t say.
Unlike previous Chinese government white papers on law, the Communist Party (CPC) is never mentioned in the latest document. Previous white papers on legal issues published in 2008 and 2011 both emphasized that reform is to be carried out “under the leadership of the CPC.” This newest document instead celebrates the accomplishments of “China” not the CPC, while also invoking judicial reform as “an important part of China’s political system reform.” Where did the party go and what does its omission signify?
Also missing from the white paper is in any direct attack on the problems that need to be addressed, other than a vague reference to “defects and rigidity” in the judicial system. Nothing is said about core problems, such as the lack of judicial independence or the legal culture of police, judges and prosecutors that lingers from the Maoist period and fosters widespread disregard of laws already in effect.”
via Reading Between the Lines on Chinese Judicial Reform – China Real Time Report – WSJ.
See also: https://chindia-alert.org/prognosis/chinese-challenges/
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