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    CPC sets new blueprint for rule of law(2)

    2014-10-24 08:41 Xinhua Web Editor: Gu Liping
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    Prof. Ma Huaide, vice president of China University of Political Science and Law, noted that this is the first time that the Party has explicitly banned officials from meddling in judicial cases and vowed to hold violators accountable in a CPC document.

    "Only by ensuring judicial organs' independent practice of justice, independent from influences such as administrative orders, personal relations or money, could the public feel the fairness and justice in the judicial process," he said.

    China has been pushing for deeper judicial reforms to address public concerns over capability and fairness of Chinese courts which are receiving more cases than ever.

    In 2013, the country's local courts heard more than 14.22 millions cases, up 7.4 percent from 2012.

    Hailing justice as the "lifeline" of rule of law, the communique said China will improve the system in which judicial powers are exercised and strengthen supervision over judicial activities.

    To further boost judicial independence, the Supreme People's Court will set up circuit courts to facilitate the handling of judicial cases filed by the public from local communities.

    The country will explore establishing courts and procuratorates with jurisdictions spanning across different administrative regions, and building a system in which prosecuting bodies can institute public interest litigations, according to the communique.

    Trial judges and procurators will assume lifelong accountability to their cases, and public participation will be ensured in judicial procedures, it read.

    No illegal mitigation of a sentence is allowed, and the handling of judicial cases should not be influenced by personal connections, favors or bribery, according to the communique.

    CONSTITUTION RULES

    Another encouraging feature of the CPC's plan this week to advance rule of law is the recurrent reference to the Constitution as the "core" of the country's socialist system of laws.

    "To realize the rule of law, the country should be ruled in line with the Constitution," the document read.

    The words mirrored a speech of Xi in late 2012 when he stressed that "no organization or individual has the special right to overstep the Constitution and law, and any violation of the Constitution and the law must be investigated."

    Law experts also see "rule of Constitution" as a higher level of rule of law.

    Prof. Xu Guangjian, vice dean of the School of Public Administration at the Renmin University of China, believes that the terms "rule of Constitution" and "governing in line with Constitution" are an important step ahead in the rule of law construction, as they present a deeper and more profound sense of rule of law.

    "To observe the Constitution is not just the citizens' obligation, but is also integrated as part of the ruling party's governance philosophy. I think it is one of the highlights in the reforms indicated in the communique," Xu said.

    Thursday's communique also vowed to enforce the implementation of China's Constitution through a constitutional supervision system under the National People's Congress.

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