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Politics & Law

China adopts circuit courts which are supposed to improve rule of law


Chinese President Xi Jinping speaks during a news conference with U.S. President Barack Obama (not pictured) in the Great Hall of the People in Beijing November 12, 2014.

Chinese President Xi Jinping speaks during a news conference with U.S. President Barack Obama (not pictured) in the Great Hall of the People in Beijing November 12, 2014.

Since Jiang Zemin stressed the rule of law at the 15th CCP National Congress in 1997, China has promulgated alot of legislation to have a complete system of laws, and trained hundreds of thousands of legal professionals.

Soon after Xi Jinping took over the reign, he closed all the black jails in Beijing and abolished the labour camp (reeducation through labour) system. In October, Xi held the fourth Plenary Session of the 18th CCP Central Committee on governing the nation according to law, stressing the dominance of China’s constitution and judicial independence.

Some people believe that there has been no political reform in China since it began its economic reform. I will remind them that the legal reform for the rule of law is China’s vital political reform, as without the rule of law there can never be true democracy.

The next step, I believe, will not be a democratic reform, but a reform focusing on human rights especially freedom of press and speech, without which, democracy will be but empty talk.

The following is the full text of Reuters report today on China’s efforts to adopt circuit courts for judicial independence:

China to adopt circuit courts to reduce interference: Xinhua

China has adopted pilot programs for circuit courts and courts with jurisdiction across different regions designed to reduce local officials’ interference in the judiciary, state media reported on Tuesday.

Legal reforms are a key platform for President Xi Jinping’s government to restore popular faith in the ruling Communist Party and judicial system amid simmering public discontent over miscarriages of justice often caused by officials’ abuse of power.

The party had flagged the decision to establish circuit courts and courts that would span administrative regions at a party meeting, or plenum, in October.

Exploring administrative divisions that would go across the courts and the prosecutors would “help eliminate interference in judicial and procuratorial work to ensure that the courts and prosecutors are independent and impartial”, Xinhua news agency said, at the conclusion of the seventh meeting of the Leading Group for Overall Reform, chaired by Xi.

The circuit courts would help parties “settle disputes on the spot and make it convenient for them”, Xinhua said.

The report did not say when the pilot programs would be launched.

In June, state media said provincial governments would pick judges and prosecutors and fix the budgets of local courts and procuratorates. The system currently gives local governments greater sway in appointments.

Since he took office in March 2013, Xi has called for judicial independence under the party. But at the same time, his administration has detained hundreds of dissidents in what some activists say is the worst suppression of human rights in two decades.

Despite the legal reforms, Xi has shown no interest in political change. It is uncertain how much of an impact the plenum’s policies will have. Laws are often not enforced and can be abused by the police.

Source: Reuters “China to adopt circuit courts to reduce interference: Xinhua”

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About chankaiyee2

Author of the book "Tiananmen's Tremendous Achievements" about how with the help of Tiananmen Protests, talented scholars with moral integrity seized power in the Party and state and brought prosperity to China. The second edition of the book will be published within a few days to mark the 25th anniversary of Tiananmen Protests All the parts in the first edition remain in the second edition with a few changes due to information available later and better understanding. There are also some changes for improvements of style. The new parts are Chapters 12-19 on events in China after the first edition was published: The fierce power struggle for succession between reformists and conservatives; Xi Jinping winning all elders’ support during his mysterious disappearance for 2 weeks in early September, 2012; and Xi Jinping Cyclone. Chan Kai Yee's new book: SPACE ERA STRATEGY: The Way China Beats The US An eye-opening book that tells the truth how the US is losing to China. The US is losing as it adopts the outdated strategy of Air-Sea Battle while China adopts the space era strategy to pursue integrated space and air capabilities: It is losing due to its diplomacy that has given rise to Russian-Chinese alliance. US outdated strategy has enabled China to catch up and surpass the US in key weapons: Hypersonic weapons (HGV) that Pentagon regards as the weapon that will dominate the world in the future. Aerospaceplane in China’s development of space-air bomber that can engage enemy anywhere in the world within an hour and destroy an entire aircraft carrier battle group within minutes. Anti-satellite (ASAT) weapons, anti-ASAT weapons, stealth aircrafts, drones, AEW&C, etc. The book gives detailed descriptions of China’s weapon development based on information mainly from Chinese sources that the author monitors closely. U.S. Must Not Be Beaten by China! China is not a democracy. Its political system cannot prevent the emergence of a despotic leader or stop such a leader when he begins to bring disasters to people. A few decades ago, Mao Zedong, the worst tyrant in world history did emerge and bring disasters to Chinese people. He wanted to fight a nuclear war to replace capitalism with communism but could not bring nuclear holocaust to world people as China was too weak and poor at that time. If a despot like Mao Zedong emerges when China has surpassed the US in military strength, world people will suffer the misery experienced by Chinese people in Mao era. China surpassing the US in GDP is not something to worry about as China has the heavy burden to satisfy its huge population, but China surpassing the US in military strength will be world people’s greatest concern if China remains an autocracy. US people are of much better quality than Chinese people. What they lack is a wise leader to adopt the correct strategy and diplomacy and the creative ways to use its resources in developing its military capabilities. I hope that with the emergence of a great leader, the US can put an end to its decline and remain number one in the world. China, US, space era strategy, air-sea battle, space-air bomber, arms race, weapon development, chan kai yee

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