China is considering revising its Criminal Procedure Law to pave
way for ratification of a UN civil and political rights convention,
a gesture hailed by a law expert on Wednesday as "one more step
toward judicial justice."
Long Zongzhi, a law professor with China's Southwest University
of Political Science and Law, said that China has laid the
groundwork for ratification of the International Covenant on Civil
and Political Rights by putting the amendment of the Criminal
Procedure Law high on its agenda.
China signed two international conventions on human rights --
the International Covenant on Economic, Social and Cultural Rights,
and the International Covenant on Civil and Political Rights -- in
1997 and 1998 respectively. The former was ratified by the Standing
Committee of the National People's Congress (NPC),
China's top legislature, in 2001 after China joined the World Trade
Organization.
The latter, a major part of which concerns criminal procedure
law such as international standards on fair trials and the review
of death sentences, remains to be ratified because certain articles
in the existing Criminal Procedure Law are not in line with the
covenant's provisions.
"China's ratification of the two conventions would mean it is
further opening up economically and socially, and respects basic
law norms concerning human rights in the judicial field set up by
the UN, and lists them as standards for domestic judicial
practices," Long said.
The proposal to amend China's Criminal Procedure Law was
accepted by the NPC last year, which plans to initiate the revision
process either this year or the next.
According to Long, several problems related to the law and its
implementation need to be addressed, such as further adjustment of
the basic structure of litigation, strengthening judicial restraint
and human rights protection, reforming modes of trial, and
modifying procedures for investigation, prosecution and trial.
"Law reform is a process. It should be carried out step by step
and in stages if China is to build a modern litigation system,"
Long added.
(Xinhua News Agency September 8, 2005)