Opinion | Judicial reform will strengthen China's rule of law
Hu Shuli says the need for judicial reform has never been stronger, as demonstrated by the cases of Bo Xilai, his wife and former police chief
The release of China's white paper on judicial reform could not be more timely. Calls for change are ringing loud as the Communist Party prepares to hold its 18th national congress. The white paper's release this month places judicial reform squarely at the heart of political reform.
Judicial reform will strengthen China's rule of law. Not only is it necessary for political reform to work, but it also provides the legal safeguards that would protect reforms in other areas. The flagrant abuses uncovered in the cases of Gu Kailai, Wang Lijun and Bo Xilai bring home the critical importance of the rule of law.
Judicial reform is complicated, but important to judicial independence. As the white paper says, the rights of People's Courts and People's Procuratorates [prosecutors' offices] to exercise adjudicative and procuratorial powers independently and impartially in accordance with the law should be safeguarded. These rights are the foundation for the rule of law, as provided under the constitution and related laws, and also a key element for judicial independence on the mainland.
The judiciary is the final safeguard for people seeking social justice. Judicial powers are based on credibility, which in turn derives from judicial impartiality. This depends on the professionalism of judges and will increase lawyers' responsibilities.
According to legal principles, the rule of law empowers the judicial authorities to prevent the abuse of powers, privileges and discretion. Therefore, before judicial independence can exist, judicial powers should be free from manipulation and erosion by power and money. This is the bottom line of the rule of law.
But this bottom line has always been lost in China. While imperial autocracy existed in China for thousands of years, law was considered a means of proletarian dictatorship in the pre-reform era. Under the circumstances, the tradition of rule of law was lacking and the concept of it was very weak. Things like this were often heard: "When a editorial is so powerful, what is the use of so many laws?" or "Procuratorial organs ought to make arrests and prosecutions at the will of party committees".
While these are biased opinions and assertions, the call by lawyers and scholars for independent judicial powers were regarded as subversive bluster. Following the Cultural Revolution, people started to see the importance of the rule of law, and advocates of reform and the opening up proposed developing democracy and improving the legal system.
