Xiao Yang, president of the Supreme People's Court, delivered a report on the work of the Supreme People's Court to the First Session of the 10th National People's Congress (NPC), China's top legislature, in Beijing Tuesday morning. In his report, Xiao reviewed the work of the Chinese people's courts over the past five years.
80,000 Corrupt Officials Brought to Justice
Xiao Yang said that the Chinese people's courts have over the past five years closed 99,306 embezzlement and bribery cases and brought 83,308 corrupt officials to justice.
"They included 2,662 civil servants at and above the county (sectional) level, 65 percent more than in the previous five years," said Xiao.
These results, Xiao said, have testified to the intensified efforts by the people's courts in dealing with job-related crimes and those offering bribes to government functionaries.
In addition, Xiao said, the people's courts have also meted out punishments on cases of abusing powers and dereliction of official duties that caused heavy losses to the state and collectives and on officials directly responsible for major accidents due to negligence.
Human Rights Better Protected in Administering Justice
Chinese people's courts have over the past five years paid special attention to protecting human rights in the area of administering justice, said Xiao Yang.
The chief justice said the people's courts in the country have paid meticulous attention to establishing facts, evidence, procedures and applicable laws in handling different cases and declared not guilty 11,651 defendants in cases of private prosecution and 17,870 defendants in case of public prosecution.
The people's courts followed the principles of education, reform and redemption in handling juvenile cases, awarding probation as much as possible to underaged people who committed minor offenses that would no longer bring harms to the society so as to encourage them to repent and correct, Xiao said.
Meanwhile, Xiao said, Chinese courts have been very careful in handling administrative cases, seeing to it that the lawful rights and interests of litigants are protected and administrative agencies comply with laws in performing their duties.
Xiao said that the people's courts closed 464,689 administrative cases, 65 percent more than in the previous five years and handled 11,321 cases claiming for state compensation and judgments were given to 4,013 cases in favor of citizens, accounting for 35 percent, making wronged citizens get due judicial relief.
According to the chief justice, people's courts have tried every means to bring the judicial assistance system to perfection. They allowed a grace period in the payment of charges or waive the charges for litigants in difficulty, especially women, old people, underaged people, disabled people and laid-off workers claiming for alimony, endowments, social benefits and old age pension in litigation cases. For defendants of publicly prosecuted cases, the courts appointed lawyers for them to ensure the protection of their rights.
The courts provided judicial assistance to 590,000 cases over the past five years, involving 3.2 billion yuan, according to Xiao.
Foreign-related Cases Rising
Xiao Yang said that the people's courts across the country have over the past five years tried and closed a total of 26,399 foreign-related cases, averaging an annual growth of four percent.
"With the development of China's reform and opening-up, especially after China has become a WTO member, the number of foreign-related cases has been on the rise," said Xiao.
In handling foreign-related cases, Xiao said, the Chinese courts have strictly applied laws of China, honor the international conventions, treaties and agreements to which China is a signatory party and exercised to the full the jurisdiction of courts, providing equal protection to the rights and interests of different parties and litigant, said Xiao.
The Chinese courts have also paid close attention to cases involving intellectual property rights (IPR) including infringements of copyright, trademark right and patent right in the development of new plant species, commercial secrets, computer software and networks. They closed 23,636 such cases over the past five years, 40 percent more than in the previous five years, Xiao said.
Number of Dishonest Judicial Officers Declines
Xiao Yang said that the number of judges and court officers who take the law and discipline in their own hands has dropped steadily from 6.7 per thousand in 1998 to 2 per thousand over the past five years.
Xiao attributed the decline to the persistent efforts by the Supreme People's Court to implement the withdrawal system and standardize the behavior of judges and to the establishment of the system of investigating and affixing responsibilities for law-violating trials.
He said that the Supreme People's Court has formulated a number of rules and regulations concerning the punishment of judges and other judicial officers for violating the law and discipline, with emphasis put on those who abuse their judicial authority and law enforcement power to seek personal gains, take bribes and bend the law.
The Supreme People's Court is resolute in purging the ranks of judges and judicial officers of corrupt elements, Xiao Stressed.
(China.org.cn March 11, 2003)
