A Beijing court using a new trial method of moral judgment to convict the accused has raised fears justice will not prevail in the Chinese law system.
In this case that opened on April 19, a man surnamed Wang was accused of urging his friends to stab the plaintiff Wan, leaving him in serious condition. During the trial, a spokesman from the local Judicial Office which oversees the region where Wang lives, read a "Social Investigative Report", testifying Wang was an upstanding citizen who was of good character and petitioning for a lighter sentence.
This is the first time a governmental unit gave a testimony in lawsuits, which raises concern of many lawyers who argue that although some other countries impose the "morality inquiry" system, there are no specific laws in China approving such testimony.
According to Xinhua, some experts criticized the court for taking this route as a way to reform the current legal procedure, as they believe it's difficult to simply determine whether a person is good or bad through other people's subjective views. They are afraid the judge might be misled by untruthful testimonials or have further power to convict suspects.
Others, however, are not worried about this new legal development. Doc. Hu Lingbin in Tahata Beijing Partners law office said moral behavior would not affect conviction, but should be used when determining how long the criminal should be sentenced in jail or how much they should be fined. Hu told China Daily website that referring to a defendant's previous behavior has long been adopted on Chinese courts, and what made this case unique is the Judicial Office's formal testimonial, which he views as progress in judicial system and predicts this practice will be widely used.
The judge at the Fengtai court said the so-called "social investigative" system could only be applied in cases in which criminals are less harmful to society or are eligible for probation. Specific guidelines on this new method of testimony have yet to be set, after more exploration, he said.
(Chinadaily.com.cn April 25, 2007)
