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Opinion / Op-Ed Contributors

Judicial protection of individual rights

By Qi Yanping (China Daily) Updated: 2013-06-04 08:18
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 branches, 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.

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