Follow us on TWITTER: http://twitter.com/cnforbiddennews Like us on FACEBOOK: http://www.facebook.com/chinaforbiddennews The 3rd Finance and Law Forum hosted by the mainland 'Finance' magazine published the 'China's Judicial Reform Annual Report (2012)' on January 16th, in Beijing. They hosted the 4th Judicial Reform Symposium as well, and many mainland law experts and lawyers attended. The scholars pointed that the key of the mainland judicial reform is to promote judiciary independence, and let the independence of the judiciary become the breakthrough of the political reform. They also proposed the 'revocation of the local Politics and Law Committees. Former Head of China's University of Political Science and Law (CUPSL) suggested to eradicate the ground for judiciary dependence. Professor from Chinese People's Public Security University, Cui Min, stressed in her opening speech about the importance of the independence of the judiciary. She also pointed out, the mainland's problem is 'the party is above the law, it often becomes the leader who has absolute power, and even dictatorship.' Cui Min believes, to promote judiciary independence, first the local CCP (China's Communist Party) Politics and Law Committees (PLCs) must be revoked. However, Zhang Ming, Professor from People's University of China' Institute of International Relations and Political Science had another suggestion. Prof. Zhang said, it is the party committee which controls the administration of justice, rather than the PLCs Zhang Ming: 'I think actually they cannot be independent even if there is no Politics and Law Committees. The party committee can also control the judiciary. It is the same. PLCs actually don't have as much power as they imagine. I think it is still the party committee that takes control. The PLCs hinder the development of the rule of law, and the independence of the judiciary. But actually its control over the entire judicial or public security system is far from the party committee's control." Mao Shoulong, Deputy director of People's University of China' Public Policy and Management also thinks PLCs are not that powerful, and are just coordinating agencies. Mao Shoulong: 'Even if it is revoked, there are other agencies which become in charge of this. Now the Court and Procuratorate are administrative entities, the security agencies have non-judicial factors, these issues are more problematic. They all follow the leadership, the judges do too, they follow the President of the Court, and the President of the Court follows the instructions of the leadership, so as the Procuratorate. In and of itself this is an administrative system.' So how to change the situation, that the 'Party is above the law'? Mao Shoulong: 'It is to change the party, and the political system, and to have elections. Just like Taiwan, DPP (Democratic Progressive Party) and KMT (Chinese Nationalist Party) compete, then isn't the judiciary independent?' Wang Jianxun, Associate Professor of CUPSL, and Xu Xin, Professor of Beijing Institute of Technology' School of Law, spoke on the issue too. They advocated to let the independence of the judiciary become a breakpoint of the political reform. They believe that the independence of the judiciary will bring minimum concussion to the political reform field, and can avoid violent revolution, reduce the resistance of reform, and is easier to reach consensus. The special researcher of China Economic Restructuring Research' Public Policy Research Department, Wu Jiaxiang, had other concerns. Wu think that now the anti-corruption in mainland China cannot solve the fundamental problems; thus 'backing off' is necessary to solve the issue of the state power sources, such as elections. Not long time ago, media specialist Li Datong said to VOA that, China's political reform is to 'decentralize the power' to the society, the parliament and the law system. To decentralize the power to the law system is to return the independence of the judiciary, Li thinks. And to fundamentally reverse the feudal autocratic thinking that 'the court should follow the party's absolute leadership.' Li believes that the resistance of the political reform is due to the first CCP consideration of 'CCP governing forever.' Now, under the CCP's one-party dictatorship, scholars from Finance Forum called for the independence of the judiciary, for decentralization of the politics and political parties, and with that they have touched the bottom line of the CCP. Mao Shoulong thinks the CCP will not allow people to achieve these goals. Mao Shoulong: 'Impossible. It is pretty good that you are not arrested.' Zhang Ming believes, the CCP 'does not want to reform,' and this is the obstacle for judiciary independence in China. 《神韵》2011世界巡演新亮点 http://www.ShenYunPerformingArts.org/

• published: 18 Jan 2013
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