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Three Key Issues in the Reform of the Judicial System in China

 
 
 
 At the same time, we should also be aware that, although the general public are often the victims of the control of administration of justice by external power, the current legal and political culture is indeed permeated by an atmosphere not conducive to the establishment of the principle of judicial independence. The expression of “the number one person” often used in political discourse, the habitual thinking mode of serving the “central task,” and the preference of some intellectuals and the general public for social mobilization forces produced by the current politics are all factors that can inhibit the development of judicial independence. Moreover, with the establishment in China of the legitimacy of the market economy, and of the rule of law, courts play an increasingly important role in social life and relations and, as a result, have naturally become the foci of attention of the whole society. However, because of the apparent gap between the expectations of the society and the efforts made by the courts in abandoning long-standing malpractice and adapting themselves to the new social needs, the mass media are flooded with exposèeés of various kind of malpractice of the courts; “judicial corruption” has become a popular topic of street talk. Such a public opinion climate does not encourage people to pursue judicial independence, but rather leads to fear of this principle, and the call for strengthening the supervision and control over the judiciaryl organs. The result is an inevitable vicious cycle: the low quality of the judges has led to stricter control, rather than more independence, of the courts; stricter external and internal control has led to further loss of the already very weak sense of dignity and honor by judicial officials. How can you expect good behavior from someone who has lost theirhis or her sense of dignity? Hence, more corruption and miscarriage of justice by judicial officials. This, in turn, leads to even stricter supervision and control of the judiciaryl organs.
 
 
 
 How can we break this vicious cycle? Perhaps we are not in a position to find out a decisive breakthrough point. In my opinion, more extensive dissemination of the basic knowledge and ideas of modern administration of justice and modern government structure is indispensable in this respect. Meanwhile, it is also very important for the courts themselves to carry out more clear-cut and forceful reforms in the areas of selection and appointment of judges, the mode of exercising judicial power, the management of the court and the professional ethics of judicial personnel.


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