Judicial protection of individual rights

Updated: 2013-06-04 08:19

By Qi Yanping (China Daily)

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In the past few years the growth of China's economy has been relatively stable and smooth despite the global recession. But only a few people have noticed that China has also made progress in judicial reform. The National People's Congress, together with its authorized bran-ches, has passed a considerable number of new laws and amendments to adjust to new situations.

These efforts have paved the way toward better human rights protection and rule of law. Several principles, such as higher respect for life and the presumption of innocence, have been introduced or reaffirmed.

There is still debate on whether it is time to totally abolish capital punishment. However, there is a growing consensus among both professionals and the public that capital punishment should be more strictly controlled and only used as a last resort.

China's legislative and judicial agencies have made a quick response to the call of the people. While canceling the death sentence for 13 crimes, a 2011 amendment to the Criminal Code also stressed that capital punishment generally does not apply to those aged 75 or higher. So respect for life has been further emphasized as a basic principle of the law in China.

To better guarantee fair trials and protect defendants' rights, another new amendment to the Criminal Code in 2012 emphasized the presumption of innocence and that nobody should be forced to plead guilty. Following international standards, the amendment clarified the exclusion of evidences obtained illegally, namely through violence, threats or torture.

To make sure these amendments are implemented, judicial courts have taken technical measures, for example by making video or audio records of interviews with suspects, especially when a suspect might face the death sentence or life in prison. A huge number of wrongful convictions made over the past decade have also been overturned, which is a bold step toward justice.

Freedom of speech is an essential part of an individual's rights and a supporting pillar of democracy. In April 2009, a National Plan for Human Rights Action (2009-10) was released, which stressed that the State should develop the publishing industry and better protect citizens' rights of expression.

Actually, considering that we are in the information age, the State took a further step by developing the Internet and making it accessible to ordinary people. This has revolutionized freedom of speech in China; a simple glance at media reports shows what an essential role the Internet plays in supervising the government and striking at corruption.

Equal suffrage was another needed progress. On March 14, the National People's Congress passed an essential amendment to the Election Law, which stated that urban and rural areas should have the same number of NPC deputies. Now every region, every ethnic group has a guaranteed voice on national decisionmaking concerning their daily lives.

Special attention was paid to women's suffrage. The amendment to the Election Law reinstated gender equality and required that the percentage of women members should be gradually promoted in the NPC.

These advancements owe thanks to the social development and economic sustainability of China; however, more are needed in the coming years, when more conflicts are expected to occur as China continues implementing reforms. As people might express their anger at infringements on their rights through more diversified means, the State needs to be creative in interacting with them.

That requires us to accelerate judicial reform and establish rule of law, which is, after all, the only proved effective mechanism governing modern societies.

The author is director of the Research Center for Human Rights, Shandong University. This piece first appeared in Chinese in People's Daily.

(China Daily USA 06/04/2013 page10)

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