Legal reforms in China needed to help service sector, improve social stability
Winston Mok says centralising mainland courts would reduce meddling by local governments
In the upcoming third plenum of the current Central Committee, a comprehensive set of legal reforms proposed by the Supreme People's Court will be considered.
The foundation of such reforms is the financial independence of the judiciary from local governments. At the root of the problem is the fact that mainland courts, being locally funded, are subject to local influence. The head of China's Supreme People's Court Zhou Qiang admitted that some local courts might have been subjected to significant interference.
In the overall reform programme proposed by the State Council's Development Research Centre, responsibilities between the central and regional government will be redrawn. Among the areas to be centralised may be the judiciary. Central financing of the judiciary will partly shield it from local meddling.
In the recent arrest of New Express reporter Chen Yongzhou , it was the manner of the "cross-provincial" arrest by Changsha police that caused the initial uproar. The Mercedes-Benz van that took Chen away was allegedly provided by Zoomlion, the subject of Chen's series of unfavourable articles. The chairman of Zoomlion is the son of a retired senior Hunan court official.
In the proposed judiciary reforms to improve judicial independence, trials may be less localised, with some conducted at third-party "neutral" or higher-level jurisdictions. Given the circumstances, the trial of Chen will have higher credibility if done in locations such as Shanghai or Beijing.
The rule of law is the basis for lasting stability in China. Much of the social unrest today is caused by exploitive local governments acting outside the law. Lacking trust in the local courts, farmers often find confrontation as the only known means to defend their rights. Without a credible and impartial judicial process to resolve disputes, particularly between the people and the state, social stability is undermined.
The proposed reforms will strictly prohibit courts from involvement in the planning and administration of land appropriation and demolition. The rule of law would reduce social unrest and lead to significant savings in internal security. Part of such savings may be redirected to better pay for judges to lower the temptation of corruption, as advocated in the proposal.