Proposal for circuit courts 'a step forward for greater judicial independence' in China

The leadership's decision to allow the Supreme People's Court to set up circuit courts and other new courts that cross administrative lines will promote judicial independence and reduce interference by local party officials, legal experts say.

In a keynote document released after a party plenum last month, the leadership announced changes that would alter the current system in which the jurisdictions of the mainland's four-level courts - national, provincial, municipal and county - parallel the corresponding administrative regions.

"The proposals are a breakthrough in China's judicial reform as they will significantly lessen local officials' control over the legal system," said Fan Chongyi , a criminal procedure expert at the China University of Politics and Law.

"Both measures together will help effectively to sever the direct connection between local judges and local party officials," said Zhang Qianfan , a professor of constitutional law at Peking University.

Small countries such as Japan usually adopt unified judicial systems, while larger nations such as the United States apply tiered systems, such as at the federal, state and local levels.

The mainland has a centrally controlled judicial system, but in practice it is highly divided and flexible due to the country's size and differing stages of development. Legal experts say the reforms would strengthen the clout of the judiciary at the national level while maintaining the centrally controlled judicial system.