Solving problems
According to Jiang, the process of reform has inevitably thrown up a number of problems that may affect efficiency, such as a lack of clarity about the roles and responsibilities of legal assistants.
"Some people have said the assistants will be responsible for conducting research and dealing with people who want to appeal earlier judgments, but no specific role has been stated in the reforms," she said.
Another problem is that the number of cases handled by each court changes from year to year, which means the allocation of judges should be flexible rather than a fixed percentage, she added, pointing out that from 2011 to 2013, the Beijing No. 1 Intermediate People's Court heard an average 4,500 cases annually, but last year the number soared to 12,000.
"The proposed allocation of judges might not meet the rising demand, so it will be necessary to adjust the number regularly," she said.
A judge in Beijing, who preferred not to be named, said that under the reforms extra-judicial work, such as dealing with petitioners, should no longer be the responsibility of judges, but the lack of clarity means that still isn't the case.
He said he was disappointed when the Supreme People's Court, China's top legal body, issued an updated guideline on reform on Feb 26, because the criteria under which judges will be selected is still unclear.
Under the amended guideline, the Supreme People's Court said the aim of the reforms is to establish a system of trial firmly rooted in Chinese culture by 2018. However, Tian He, a legal researcher at the Institute of Law at the Chinese Academy of Social Sciences, said the pilot program, which has no specified time limit, should continue for as long as it takes to garner sufficient information. The reforms will only be implemented effectively and gain general acceptance if problems are identified and rectified quickly, she added.
"As we push through these reforms, we should listen to the opinions of legal insiders, especially those in the grassroots legal bodies. Reform always damages somebody's interests, but the key is to ensure that it benefits as many people as possible."
Contact the writer at [email protected]
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Reform timeline |
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Oct 2013: The government highlights the need for judicial reform and puts forward a number of proposals at the Third Plenary Session of the 18th CPC Central Committee. June 2014: The Leading Group of the reform announces that pilot programs will be conducted in six provinces and municipalities, including Shanghai, Guangdong and Hubei. July 2014: Courts and judicial departments in Shanghai begin to implement the pilot program by dividing all judicial officers into three groups: judges and prosecutors, legal assistants and administrative officers. October 2014: The central leadership names the rule of law as a top national priority at the Fourth Plenary Session of the 18th CPC Central Committee. November 2014: Beijing establishes a special court to deal with disputes related to intellectual property. A similar court opens in Guangdong province a month later. Dec 3, 2014: Plans to develop circuit courts and courts with jurisdiction across different regions are approved in a move to promote judicial independence. Dec 3, 2014: The Beijing No. 4 Intermediate People's Court and the No. 4 People's Procuratorate open. Unlike district courts, they are authorized to hear cases from areas across the city. Dec 28, 2014: Shanghai No. 3 Intermediate People's Court, the first in the city designed to hear cases that straddle different administrative regions, is established. Jan 28: The No. 1 Circuit Court opens in Shenzhen, Guangdong province. Three days later the No. 2 Circuit Court is established in Shenyang, Liaoning province. Both are used to lighten the load on the Supreme People's Court and make it more convenient for non-Beijing residents to bring cases to court. |
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