Judicial reform plan to be 'released soon'

By Zhang Yiwei Source:Global Times Published: 2014-3-13 0:43:01

 A judicial reform plan on freeing the courts and prosecutor's offices from the administrative interference of local governments to ensure judicial independence will be released soon, the top prosecutor said Tuesday.

The focus of the reform is to bring the personnel, funds and goods of local courts and prosecutor's offices under the control of provincial authorities and separated from local governments, according to Cao Jianming, president of the Supreme People's Procuratorate (SPP).

He made the remark when attending a panel discussion with delegates to the National People's Congress (NPC) from Northeast China's Liaoning Province.

In the past, funds have been allocated to courts and prosecutor's offices by local governments and the officials of judicial bodies had to be nominated by the governments.

The current system has been criticized for providing room for local government intervention.

For example, courts may be reluctant to file cases where the government is the defendant.

Cao said that the specific pattern of the move is not clear yet and more research is needed.

After the reform, local judicial bodies will be supported by both provincial and central government, but it raises the question of what proportion of funds should be allocated by the two government bodies, Qu Xinjiu, a professor with the China University of Political Science and Law, told the Global Times on Wednesday.

He added that the work will become complicated as the central and provincial governments have to adjust their financing systems.

He noted that a complete set of systems on judicial body budgets is needed as judicial organs can no longer "win over" local government funds through catering to authorities' demands.

Chen Weidong, a professor with the law school of the Renmin University of China, told the Global Times that since provincial authorities are in charge, problems can be caused by too much administration within the system itself, which must also be considered when making the relevant plans for reform.

Cao also mentioned building a system to hold judicial practitioners liable in their lifetime for cases they have handled to improve judicial justice.

The Commission for Political and Legal Affairs of the Communist Party of China Central Committee last August issued a guideline saying that law enforcement personnel will have to bear life-long responsibility for their roles in wrongful judgments.

"The concept has been set up by the commission, but there are a lot of specific standards to be defined, such as how to identify wrong judgments, and under what circumstances one should be held liable for wrong judgments," Chen said, adding that launching the system is complicated.

A series of wrongful judgments that have been corrected attracted much public attention in 2013, while courts acquitted 825 people for lack of evidence or reasonable doubt last year.

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