Ta Kung Pao of Hong Kong:

The Fourth Plenary Session of the 18th CPC Central Committee proposed improving and ensuring the law-based, independent, and impartial exercise of judicial power and procuratorial power. What is the difference between this proposal and the commonly understood definition of judicial independence?

Jiang Wei:

The concept of "judicial independence" has been proposed by some countries whose political systems are based on the separation of the three powers. China uses a system in which the National People's Congress exercises a combination of legislative and executive powers. The NPC is not only the legislative body, but is also the organ of executive power. The Supreme People's Court and the Supreme People's Procuratorate are created by the NPC. They are responsible to the NPC and also fall under its supervision.

So in this sense, the "law-based, independent, and impartial exercise of judicial power and procuratorial power" proposed by us and the definition of "judicial independence" in the system of the separation of three powers are two totally different things.

We have paid great attention to providing a powerful system to guarantee the judiciary's independent execution of justice according to laws. Major concrete measures and requirements for reforms have been planned by the 3rd and 4th Plenary Session of the 18th CPC Central Committee to ensure the independence and justice of judgments and of prosecutorial powers.

The Decisions made by the 4th Plenary Session stated that "no Party and government organizations or officials should interfere with judicial bodies or force them to violate their legal duties and the execution of justice. No judicial bodies should meet requests or regulations made by Party and government organizations or officials that interfere with the judicial system or violate laws." I think that this is the best explanation of the idea of "guaranteeing the independence and justice of judicial decisions and prosecutorial powers according to laws."

Legal Evening News:

In the current judicial system, misjudged cases have caused wide social attention. The Fourth Plenary Session of the 18th CPC Central Committee last week proposed reforms to the lawsuit system centered on the trial process. What does this mean for misjudged cases? Thanks.

Jiang Wei:

The concept of judicial independence has been proposed by some countries whose political systems are based on the separation of the three powers. Our country adheres to a system in which the People's Congresses are endowed with both legislative and executive powers. The People's Congress is not only the legislative body but also the organ of power,.The People's Court and the People's Procuratorate are created by the People's Congresses to which they are responsible and under whose supervision they operate.

In this sense, exercising adjudicative and procuratorial powers independently and impartially according to law is totally different from judicial independence under a governmental system in which the three powers are separated.

China attaches great importance to providing a powerful system to guarantee the judicial organ's independence, impartiality and adherence to the law. During the Third and Fourth Plenary Sessions of the 18th CPC Central Committee, arrangements were made to ensure that adjudicative and procuratorial powers are independently and impartially exercised according to law, and a series of major measures and requirements for reform were also put forward.

According to the Decisions, no government authority or official is allowed to force judicial organs to act against legal liability and the course of justice or obstruct judicial activities, and no judicial organ is allowed to enforce illegal requirements by government administrations or officials. This is the best explanation of ensuring that adjudicative and procuratorial powers are independently and impartially exercised according to law.