CPC key document calls for elevated role of trial

The CPC Central Committee has issued a communique on its efforts to strengthen the rule of law. The document was issued at the annual session, which ended on Thursday. It calls for the establishment of a litigation mechanism centering on trial, and permanent accountability on important cases. Experts are optimistic.

China's litigation system emphasizes checks-and-balance between the police, the procurators, and the court.

The three bodies have clear divisions of responsibilities. They are equal in exercising their own powers.

In practice, however, the litigation process highlights the role of investigation, by police.

"It's usually seen in China that after the police department completes an investigation into a case, the procurators, and the court will give it a green light in terms of prosecution and trial. If it's an unjust case, it will result in an unjust decision. A lawsuit as such does not follow the rules and features of laws. In fact, the litigation process involves only one third-party, that is, the court," Professor Chen Weidong, from Remin University of China.

The communique also stipulates the police, prosecutors and judges should be permanently accountable for cases they handle.

Scholars say this would go a long way in curbing random and arbitrary decisions by local departments.

It would effectively help prevent miscarriages of justice, as well as harm to society as a whole.

"The new regulations are helpful to the decision-making process. They would be more cautious, and forward-looking in making decisions. They would also take into consideration the interests of the Party, the nation and the people, instead of making decisions for the purpose of personal political achievements," said Li Lin, director of Instution of Law of Chinese Academy of Social Sciences.

Experts say to give law enforcers permanent accountability for the cases they handle would make them think twice before acting rashly or expediently.

The key document issued by the CPC Central Committee also calls for incorporating mass participation, experts arguments, and risk assessment into major legal decision-making procedures.

Some say delivering fair judgment is the only way to rebuild the credibility of China's judicial system.