Rights body must not ignore China's ongoing progress

Updated: 2015-02-07 08:00

By Meng Qingtao(China Daily)

  Print Mail Large Medium  Small 0

The Human Rights Watch annual report has continued its practice of criticizing the Chinese mainland and turning a blind eye to the progress it has made on the human rights front.

The judicial reform over the past year has improved human rights protection across the country. It has helped correct several cases in regions - from Guangdong, Fujian and Hebei provinces to the Inner Mongolia autonomous region - which had been wrongly dealt with. The officials responsible for the botched-up cases have been sacked and put under investigation, and the victims compensated. All this shows the central authority's resolve to defend judicial and social justice.

In October, the Fourth Plenum of the 18th Central Committee of the Communist Party of China drew the road map of deepening judicial reform, which is necessary to keep on track the economic reform to facilitate the replacement of the rule of power with the rule of law. The judicial reform has also tightened regulation and supervision of judges' discretionary powers and strengthened people's right to know, speak, defend and move court.

Moreover, thanks to the promotion of the rule of law, a person or entity is now considered innocent until proved guilty and no evidence or confession obtained through illegal means is acceptable in a court of law.

The judicial reform has established the supremacy of the law over administrative organs, and helped the authorities issue a "negative list" that restricts government powers and prevents officials from trading power for personal gains. Nearly 400 rules, policies and regulations of the Party and government have been annulled or abolished to make way for the rule of law.

Besides, no one is considered to be above the law anymore. Government officials now dare not interfere with the judicial department's work, for even officials who break the law while handling cases can be prosecuted. And the country's leadership has decided to establish a mechanism to judge the legitimacy of major decision-making in governments and institute an accountability system for the major decisions taken (including past decisions).

More importantly, the Supreme People's Court will set up circuit and cross-administrative regional courts to deal with cross-provincial and cross-regional cases, and to allow prosecutors to undertake public-interest litigation. Also, local courts will now be administered by provincial authorities to prevent city and county governments from interfering in their work.

The reform will also prevent judicial department officials from meddling with investigations or trials, with those found guilty of doing so to be named and shamed publicly. There is a provision, too, to disclose all legal instruments online for public reference.

Judicial officials will have to take oath on the country's Constitution to perform their duties sincerely and seriously, and will under no circumstances take money or favors from parties or lawyers involved in a case. And the government has to process people's complaints in accordance with the law, and make available basic legal services to enable rural and urban residents to lodge appeals and ensure that all those in need have access to legal channels to get their cases heard.

To better protect judicial independence, the Supreme People's Court and provincial courts will now be in charge of recruiting judges and prosecutors, who have to come up from grassroots courts and prosecutors' offices. This means upper-level courts and prosecutors' offices must recruit judges and prosecutors from courts just below their level. And jury members will now be selected from a cross section of society instead of just the legal field.

The judicial reform also redefines the relations among the legislature, executive and the judiciary, highlights the responsibilities of the government and helps better safeguard people's rights and interests, greatly improving China's human rights record.

Given such historic progress, the Human Rights Watch needs to reflect on its prejudice against China, and try to understand the internal logic of human rights in developing countries. Or else, it cannot serve the world's human rights causes.

The author is a researcher in human rights studies at the Southwest University of Political Science and Law.

(China Daily 02/07/2015 page5)