Independent law enforcement and supervision should both be strengthened, says an article in Beijing News. An excerpt follows:
In a conference discussion between experts on the amendment of the Organic Law of the People's Procuratorate, Jia Chunwang, China's procuratorate-general, stressed that relations between the independent performance of case-handling and acceptance of supervision by law enforcers should be handled better. Law enforcement should be practised in an independent way, without any disturbance from other groups, organizations and individuals.
The delegating rights of handing cases to lower levels is an important step in the country's judicial reform.
A collegial panel is required to play a bigger role in case handling to replace procedures normally carried out by the president of the court, who judges cases alone and without going through certain judicial procedures. The Supreme People's Procuratorate (SPP) is also energetically pushing forward a system for prosecutors to handle cases, allowing them to file complaints and accusations.
Such moves are expected to spur law enforcers' enthusiasm, widen their responsibilities, raise the efficiency of their case-handling and ensure the quality of their jobs.
On the other hand, exposure of corruption provokes concern among the public about supervision. The SPP is also making efforts to build a comprehensive network of supervision.
But when obstacles barring independent performance have been removed, judicial departments at higher levels could ask for more control in handling cases because of mistakes made in judgments.
The aim is to delegate power. The need is to set up a supervision system which insures that goals can be achieved. Both systems should be improved.
In judicial reform, law enforcers are given independent powers in case-handling to increase their influence on the protection of people's human and property rights. But without a well-functioning system to limit such power, it is possible for law enforcers to make mistakes and abuse it. The relation between handling cases and better supervision of them is therefore what needs to be balanced. Strengthening supervision is not decided by workers in that department, but by effective measures. And in a "rule of law" country such as China, independent case-handling and supervision should run side by side.
(China Daily August 16, 2004)
