Xi asks Party to support independent judiciary

[Yizhi]

Xi asks Party to support independent judiciary - Xinhua | English.news.cn

English.news.cn | 2015-01-20
BEIJING, Jan. 20 (Xinhua) -- President Xi Jinping has ordered Party departments to support judges and prosecutors to exercise their duties independently.

Xi, also general secretary of the Communist Party of China (CPC) Central Committee, made the remarks in a written instruction on political and legal work.

The central conference on political and legal work was convened in Beijing Tuesday.

Party committees at all levels should set an example of abiding by the law, he wrote.

They should enable law enforcement agencies and judicial departments to work independently according to the Constitution and laws and "create a favorable environment" for them to do so, he wrote.

Meanwhile, the president noted that party committees should improve their leadership in judicial affairs, appointing qualified officials to take the lead, raising their political awareness and ensuring their integrity.

Officials in law enforcement agencies and judicial departments should be loyal to the Party, to the state and the people, he wrote.

The president stressed management and supervision of the police and ordered them to strictly follow Party discipline.

He also strongly warned officials in law enforcement agencies and judicial departments against using public power for personal interest and other misconduct.

Meng Jianzhu, head of the Commission for Political and Legal Affairs of the CPC Central Committee, delivered Xi's instruction to the meeting.

A statement issued after the meeting said officials will try to be more proactive, law-abiding, efficient and open while using more information technology in their work. They pledged to advance the judicial reform, identify and control social security risks.

An October CPC session outlined legal reform that stressed the supreme authority of the Constitution and promised wide ranging changes to the judicial system.

The plan includes ensuring the independence of courts and prosecutors, and rules to control intervention in court cases by senior officials.

 

[Khalid Newazi]

This man understands that corruption is holding back the Chinese economy and that it must be decreased for China to prosper.

 

[Echo_419]

Xi asks Party to support independent judiciary - Xinhua | English.news.cn

English.news.cn | 2015-01-20
BEIJING, Jan. 20 (Xinhua) -- President Xi Jinping has ordered Party departments to support judges and prosecutors to exercise their duties independently.

Xi, also general secretary of the Communist Party of China (CPC) Central Committee, made the remarks in a written instruction on political and legal work.

The central conference on political and legal work was convened in Beijing Tuesday.

Party committees at all levels should set an example of abiding by the law, he wrote.

They should enable law enforcement agencies and judicial departments to work independently according to the Constitution and laws and "create a favorable environment" for them to do so, he wrote.

Meanwhile, the president noted that party committees should improve their leadership in judicial affairs, appointing qualified officials to take the lead, raising their political awareness and ensuring their integrity.

Officials in law enforcement agencies and judicial departments should be loyal to the Party, to the state and the people, he wrote.

The president stressed management and supervision of the police and ordered them to strictly follow Party discipline.

He also strongly warned officials in law enforcement agencies and judicial departments against using public power for personal interest and other misconduct.

Meng Jianzhu, head of the Commission for Political and Legal Affairs of the CPC Central Committee, delivered Xi's instruction to the meeting.

A statement issued after the meeting said officials will try to be more proactive, law-abiding, efficient and open while using more information technology in their work. They pledged to advance the judicial reform, identify and control social security risks.

An October CPC session outlined legal reform that stressed the supreme authority of the Constitution and promised wide ranging changes to the judicial system.

The plan includes ensuring the independence of courts and prosecutors, and rules to control intervention in court cases by senior officials.

These are massive reforms he is talking about & will be very difficult to undertake but I wish him all the best & he is contradicting himself being Loyal to the party does not mean being loyal to the state

 

[kyle Chiang]

Talk is cheap,he need more action.

 

[Lure]

Xi Jingping represents the reformist wing of the CPC. These guys are planting the seeds of a transformation that could lead China to a world class democracy some day. You know back 50's blacks were not allowed to eat in the same restaurants with whites in US. And today there is a black president in US. Everything needs time and prosperity to settle down that's it.

China is also experiencing the same transformations naturally (without any intervention) just like USA. I think Xi will be the third person that should be worth remembering 50 years from now in Chinese history after Mao and Deng Xiaoping.

There is one major thing left that both cripples both economy and human rights, which is the one child policy. I guess complete dissolution of Family Planning Commission should also be planned and scheduled transparently and exact dates should be specified for the transition period.

After 2020 Chinese GDP per capita is catching up Russia, both in terms of nominal and PPP evoluations. There is no need for a One-Child Policy now. Aging population does not provide any advantage to any nation.

 

[Shotgunner51]

This man understands that corruption is holding back the Chinese economy and that it must be decreased for China to prosper.

Yes. However this is not the only things that drags development, his is targeting more.

Talk is cheap,he need more action.

Well said.

This is one of the three reforms he is pushing concurrently, the second toughest in my mind.

 

[ChineseTiger1986]

I think the translation is a bit misleading.

He asked those judges and prosecutors to perform their duties independently, but it doesn't mean that the judiciary system is completely independent from CPC's lead.

Remember, the nature of CPC is not corrupt, so don't equate those rotten apples to the entire party.

The independent judiciary is still part of CPC, but they won't get influenced by any other faction within the party.

习近平总书记对政法工作重要指示在广大政法干警和法律界人士中引起强烈反响-新华网

 

[Aepsilons]

Xi asks Party to support independent judiciary - Xinhua | English.news.cn

English.news.cn | 2015-01-20
BEIJING, Jan. 20 (Xinhua) -- President Xi Jinping has ordered Party departments to support judges and prosecutors to exercise their duties independently.

Xi, also general secretary of the Communist Party of China (CPC) Central Committee, made the remarks in a written instruction on political and legal work.

The central conference on political and legal work was convened in Beijing Tuesday.

Party committees at all levels should set an example of abiding by the law, he wrote.

They should enable law enforcement agencies and judicial departments to work independently according to the Constitution and laws and "create a favorable environment" for them to do so, he wrote.

Meanwhile, the president noted that party committees should improve their leadership in judicial affairs, appointing qualified officials to take the lead, raising their political awareness and ensuring their integrity.

Officials in law enforcement agencies and judicial departments should be loyal to the Party, to the state and the people, he wrote.

The president stressed management and supervision of the police and ordered them to strictly follow Party discipline.

He also strongly warned officials in law enforcement agencies and judicial departments against using public power for personal interest and other misconduct.

Meng Jianzhu, head of the Commission for Political and Legal Affairs of the CPC Central Committee, delivered Xi's instruction to the meeting.

A statement issued after the meeting said officials will try to be more proactive, law-abiding, efficient and open while using more information technology in their work. They pledged to advance the judicial reform, identify and control social security risks.

An October CPC session outlined legal reform that stressed the supreme authority of the Constitution and promised wide ranging changes to the judicial system.

The plan includes ensuring the independence of courts and prosecutors, and rules to control intervention in court cases by senior officials.

How very intriguing ! I remember dicussing this with @LeveragedBuyout , @Edison Chen , @Genesis and @TaiShang a whiles back. Funny how --- things --- fall into place.

 

[bolo]

I think the translation is a bit misleading.

He asked those judges and prosecutors to perform their duties independently, but it doesn't mean that the judiciary system is completely independent from CPC's lead.

Remember, the nature of CPC is not corrupt, so don't equate those rotten apples to the entire party.

The independent judiciary is still part of CPC, but they won't get influenced by any other faction within the party.

习近平总书记对政法工作重要指示在广大政法干警和法律界人士中引起强烈反响-新华网

True, English translation was a bit misleading.

 

[mike2000]

These are massive reforms he is talking about & will be very difficult to undertake but I wish him all the best & he is contradicting himself being Loyal to the party does not mean being loyal to the state

Well, you are absolutely correct bro. couldnt agree more. As you know, thats the main problem with communism and one party states. They tend to believe that if you are not loyal to the party , then you are a traitor and should be punished/purged, this is a very misleading/wrong approach. I can still love my country to death, but at the same time despising the ruling party of my country, does that means i should be discarded/imprisoned/condemn because of this? So i will ask Chinese members on here, if a chinese citizen doesnt like the CCP, should he still be allowed to serve his country? Or you will all consider him a traitor/western liberalist/unpatriotic etc?.lool

Well as far the party thinks its above the state/country(as its always the case in all communist countries), then im afraid fight against corruption will remain just in name only, since there are several big vested interests/groups who are firmly in control of the party machine, and as such cant be prosecuted for political reasons, since they love the 'party'.lool At the end thats what matters most it seems, not the country. So despite Xi's bold initiative/intentions, im afraid his fight for corruption won't be as sucessful as he might wish. THE COUNTRY SHOULD ALWAYS COME BEFORE ANY PARTY, since the country will always be there, but political/ruling parties come and go...........

I think the translation is a bit misleading.

He asked those judges and prosecutors to perform their duties independently, but it doesn't mean that the judiciary system is completely independent from CPC's lead.

Remember, the nature of CPC is not corrupt, so don't equate those rotten apples to the entire party.

The independent judiciary is still part of CPC, but they won't get influenced by any other faction within the party.

习近平总书记对政法工作重要指示在广大政法干警和法律界人士中引起强烈反响-新华网

I also said this before, that China needs an INDEPENDENT Judiciary with wide ranging powers akin to the one in Hong Kong. However as far as its still under/controlled by the CCP, then im afraid there will always be vested interests/cliques who will control it and protect their subordinates. So we are back again to square one.lool There is no escaping this for China, it will have to form an independent judiciary thats free from the CCP, and whch can prosecute any body in the CCP itself.

 

[TaiShang]

How very intriguing ! I remember dicussing this with @LeveragedBuyout , @Edison Chen , @Genesis and @TaiShang a whiles back. Funny how --- things --- fall into place.

Yes, I remember yourself and other members pointing out that one important aspect of the reform drive should be the strengthening of the judiciary as an independent branch. That's being carried out, as it seems, although, as @Lure says, incrementally and, hopefully, without external interference.

Indeed, in their drive for a better governance (the name and nature of the regime does not matter here), the developed West enjoyed an incremental (and often painful) transformation without outside intervention. China, luckily, thanks to its size and power, is immune from the attempted interventions but their existence cannot be denied.

Again, I agree that, the next most urgent reform should target the now archaic one-Child policy, or whatever has left of it.

 

[Yizhi]

I think the translation is a bit misleading.

He asked those judges and prosecutors to perform their duties independently, but it doesn't mean that the judiciary system is completely independent from CPC's lead.

Remember, the nature of CPC is not corrupt, so don't equate those rotten apples to the entire party.

The independent judiciary is still part of CPC, but they won't get influenced by any other faction within the party.

习近平总书记对政法工作重要指示在广大政法干警和法律界人士中引起强烈反响-新华网

agreed. the title is the most misleading part. Westerners who are not familiar with the system may be disappointed by the slow progress from where they stand.
i think this piece does mean Xi is serious about carrying out judiciary system reform during his term, which give us an approximate 5 to 10 year window to observe. the consensus is already there. the question remains to be how fast he will make the change against all odds.
it's to build an entire ecosystem. we all need to be patient for the reforms will be incremental.

and quote from Indian friends, "slow and steady wins the race".

 

[Keel]

I think the translation is a bit misleading.

He asked those judges and prosecutors to perform their duties independently, but it doesn't mean that the judiciary system is completely independent from CPC's lead.

Remember, the nature of CPC is not corrupt, so don't equate those rotten apples to the entire party.

The independent judiciary is still part of CPC, but they won't get influenced by any other faction within the party.

习近平总书记对政法工作重要指示在广大政法干警和法律界人士中引起强烈反响-新华网

Best comment so far!

There is one major thing left that both cripples both economy and human rights, which is the one child policy. I guess complete dissolution of Family Planning Commission should

After 2020 Chinese GDP per capita is catching up Russia, both in terms of nominal and PPP evoluations. There is no need for a One-Child Policy now. Aging population does not provide any advantage to any nation.

Good point
We have started conditionally relaxing the "one child policy"
If you can read Chinese, the relaxation will bring about positive economic and social impacts injecting needed and refreshing momentum to sustain our growth

温天纳：人口政策全面释放社会购买力_财经_腾讯网
外媒热议中国放宽二胎政策:生育率或温和回升-新华网

 

[BoQ77]

I think the translation is a bit misleading.

He asked those judges and prosecutors to perform their duties independently, but it doesn't mean that the judiciary system is completely independent from CPC's lead.

Remember, the nature of xxx is not corrupt, so don't equate those rotten apples to the entire party.

The independent judiciary is still part of CPC, but they won't get influenced by any other faction within the party.

You are wrong, the nature of any party is corrupt. It's the common thing among countries.
A sole party always face more challenge of corruption
It's the exercise of national law cause more or less corrupt.

 

[powastick]

Zhang Wei Wei, senior english interpreter for Deng Xiao Peng debate with Francis Fukuyama.

"This reminds me of the second issue concerning rule of law in the China Model raised by Prof. Fukuyama. We are promoting the rule of law in China, though there is indeed huge room for improvement. But I think some elements in our traditional philosophy remain valid and relevant. For example, there is the traditional concept of “tian” or “heaven,” which means the core interest and conscience of the Chinese society. This can by no means be violated. Laws may be applied strictly to 99.9% cases in China, but we maintain a small space where political solutions, within the framework of rule of law, are applied when “tian” or the core interest and conscience of the society are violated. In other words, the above-mentioned Wall Street bonus issue would not happen in China. So we try to strike a balance between rule of law and “tian,” and this is what China wants to do in its exploration of the legal regime of the next generation. Otherwise it is very likely to fall prey to what’s called fatiaozhuyi or excessive legalism, which could be very costly for a huge and complex society like China."