Communist Party pledges to improve judicial independence, transparency - to a point
Legal reforms announced following the third plenum would separate local government from judiciary, and analysts say it may herald wider change
The Communist Party has pledged to try to improve transparency of legal proceedings and find ways to reduce the direct control of courts and prosecutions by local governments, according to the text of the third plenum's decisions released by Xinhua yesterday.
The announcement came three days after the party issued a communiqué following the plenum in which it pledged more independence for judges and prosecutors, and measures to "improve the protection of human rights in judicial procedures.
"[The party] will explore ways to establish a supervision system that properly separates regional government and the judiciary below the provincial level," according to the party document. While the wording is vague, analysts believe that the party is moving toward interfering less in run-of-the-mill court cases.
The plenum document also said it would improve trial procedures by appointing presiding judges who would be held responsible for verdicts and sentences. Currently, cases are decided by committees of judges, which are usually under the control of the party's local politics and law committees. The practice has long been blamed for the manipulation of court rulings and for breeding corruption.
Party general secretary Xi Jinping said it acknowledged there were grievances concerning the quality of justice and judicial credibility, according to a transcript issued by Xinhua of his speech to the party plenum.
The Legal Daily said yesterday that courts in the provinces and cities of Shanghai, Jiangsu, Zhejiang, Guangdong and Shaanxi had already received orders to improve the transparency of legal proceedings and judicial appointments.
