SCIO briefing on the Decisions of the 4th Plenary Session of the 18th CPC Central Committee
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E-mail China.org.cn, October 30, 2014
Jiang Wei:
There are six points about carrying out reforms that have been proposed in the fourth part of the Decisions, which focus on safeguarding judicial justice and improving judicial credibility.
First, improving and ensuring independence and fairness in courts and prosecuting bodies. A mechanism will be set up to record officials who interfere in judicial cases and name them publicly to hold them accountable. We will improve the court judgment system and system to protect judicial staff when carrying out their statutory duties.
Second, optimizing the structure of the judicial organs and allocation of their functions and power. Carrying out pilot reforms to promote the independence of prosecuting bodies and courts under the rule of law. Establishing unified standards for executing legal punishments. Exploring and carrying out reforms to separate the judicial administrative tasks of courts and prosecuting bodies from jurisdiction and prosecutorial power. The Supreme People's Court will set up touring courts and the country will explore establishing cross-administrative region courts and procuratorates, and allowing prosecutors to file public interest litigation cases.
Third, improving strict law enforcement. Improving the lawsuit system so it focuses on trials, setting up a lifelong liability accounting system for case handling and a retrospective mechanism to hold people accountable for wrong decisions.
Fourth, ensuring the people can participate in legal affairs, improve the people's assessor system, and establish an open, dynamic, transparent and convenient judicial mechanism.
Fifth, improving the judicial system to protect human rights. Improving and practicing systems of making decisions on criminal cases according to laws, giving no punishment in cases of doubt and excluding evidence obtained through illegal means. Improving judicial measures of restriction of personal freedom and judicial supervision of investigation means.
Sixth, enhancing the judicial supervision system. Improving the system that ensures prosecutors to exercise superintendence and the people's assessors system. Establishing a system of lifetime bans from the legal profession.
The fifth part of the Decisions proposed that the judicial relief and legal aid system, as well as the judicial expertise system should be strengthened. As for the sixth part of the Decisions, it refers to establishing a system to elect judges and prosecutors step by step. We should also build a team of lawyers with a rational structure and complementary advantages.
The reforms of the justice system is aimed at setting up a fair, efficient and authoritative socialist judicial system, which is very important for realizing the general target of building a country under "the socialist rule of law".
I think there are several characteristics of the Decisions related to reform of the justice system: First, the Decisions focuses on comprehensiveness and indicates the demand orientation. As reforms of the justice system have been strengthened, we must pay greater attention to top-level design and the overall planning of the reforms and avoid fragmented reforms. The Decisions is related to reform of the justice system and indicates needs for a just judiciary and expectations for deepening reforms in society.
Second, the Decisions focuses on targets of reforms and is problem–solving oriented. The people are now concerned about a lack of standards, justice and the integrity of the justice system. The Decisions focuses on solving the problems that impede a just judiciary and the capability of judicial organs. The Decisions also stresses the need for deepening reforms when seeking solutions, improving systems of judicial management and judiciary powers.
Third, it is attentive to the feasibility of the reform and is practical. In the course of deepening the reform of judicial system, we should undertake the work according to our abilities and make our utmost efforts. We should proceed from the easiest to the more difficult and carry out the work in an orderly manner. For the reforms that we have in mind, we should start with those issues where a consensus can be formed easily and where the conditions are well established, so that we can deliver tangible results as soon as possible and let the public enjoy the achievements of judicial reform and experience equality and justice in every single case.
Now I'm ready to take questions from you on the reform of the judicial system and discuss this. Thank you.
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