Deng's deadly fruit knife carves open legal debate

• Source: Global Times
• [22:38 June 15 2009]
• Comments

Judiciary not separate

The magnificently-worded constitution of the People’s Republic of China commits the nation to an independent judicial branch, but in the last 100 years international and domestic factors have made it seemingly impossible to achieve that goal.

Limited social awareness of the issue and a public education system unsympathetic to legal niceties mean separation of powers and the sacred legal principle of judicial independence exist in name only.

Pu believes the core concern for China now is not whether the public is talking too much about various sensational legal cases but rather that China should seek to build popular confidence in China’s limp legal system by fighting corruption and the incomplete separation of powers.

“Even the constitution itself doesn’t entitle a court to complete and total independence in a legal trial.

“So under the existing legal system, it’s much too early to talk about China adopting western-style judicial independence. The first thing we need to do is build up people’s confidence in the Chinese legal system.”