Supreme Court Follows Third Plenary Reforms, Issues Opinions on Judiciary
On November 21, the Supreme Court issued
a reform opinion to establish sound working
mechanisms to prevent miscarriages of justice.
This follows the Third Plenary announcements
on comprehensively deepening reforms.
Experts point out that the judiciary is supposed
to be independent from political parties.
Decisions and opinions in response to party meetings
have no legal standing, and become a empty words.
On November 21, the Chinese Communist Party
(CCP) Supreme Court issued a reform opinion.
It suggests establishing sound working mechanisms to
prevent miscarriages of justice, and contains 27 entries.
In addition to the first five abstract principles,
it also raises 22 specific requirements.
It reaffirmed the need to abolish use of
confession under torture in judicial trials.
It requests the need to adjust and limit relationships
in terms of ranking, so that the lower court can’t consult
superior courts on any facts and evidence issues.
It calls for the accurate punishment of crimes,
and of respecting and protecting human rights,
as well as ensuring fairness in judicial processes.
Chen Yongmiao, Beijing constitutional scholar:
“The Supreme Court is just a copycat of CCP politics.
It will say whatever the CCP wants it to say.
The CCP needs it to safeguard stability, and it also
expanded stabilizing public order on the internet.
After the CCP’s abolition of re-education
through forced labor, it also wanted to show
it’s reform actions, issuing a vain document."
In fact, it says everything in vain.
Yang Xuelin, Mainland lawyer: “There’s countless opinions
in our country. However, can they really be accomplished?
Criminal law already made it very
clear that torture isn’t allowed."
The reform opinion states that an accused
man is not guilty if there is only his confession
used, without any other evidence present.
Confessions attained by interrogation, torture, exposure,
starvation, or other illegal methods should be excluded.
Chen Yongmiao: “At the same time that the CCP
continues to improve how it expresses good things,
it continues to commit ever worsening acts.
The CCP has to do something when
there is a very serious social conflict.
There is an incredible amount of injustice, as well as false
and erroneous cases, making them issue such a document."
In fact, banning torture during trial processes
has been introduced many times by the CCP.
But torture is still rampant, to the extent that a case becomes
that of two murders, of the first victim, and then the defendant.
On May 30, 2010, the Supreme Court, Supreme
People’s Procuratorate, Ministry of Public Security
and other departments jointly issued regulations.
It claimed that the final decision can’t be made by
evidence obtained under torture or other illegal means.
The next day, media also published an editorial about
it’s human rights promise on forbidding torture.
Fang Linzai publicly admitted that he was the real
criminal in the Jiangxi Leping murder case last April.
Fang was immediately taken away
by the police, who covered his mouth.
However the relatives of four defendants who
were charged had nowhere to appeal and petition.
On October 30, Fang Linzai admitted that he
had committed the murder, and so questioned
the judiciary why they did not investigate this?
However, several persons were sentenced,
and injustice was still served as per usual.
The reform opinion also requested that all levels of court
should avoid making illegal judgements under the excuse
of pressure from petitioners, or maintaining stability.
Yang Xuelin: “Who will petition if the judgment is fair.
Citizens have no solution other than petitioning,
when the court can’t make an independent judgment."
Jing Chu, indepednent web-writer: The authorities made a
lot of illegal decisions or false cases, to maintain stability.
When re-thinking is obsessed with stability,
we have no independent and impartial judiciary
under the so-called leadership of the party.
Back in 2011, the Criminal Procedure Code
was revised, and it prohibited torture.
At the time, the point was raised not to hide corrupt
officials when discussing banning evidence obtained
under torture and not using forced self-incrimination.
It was questioned whether the reform opinions of the
Supreme Court will become an umbrella for corrupt officials.
Politics expert Xia Ming points out that all the
so-called reforms from the Third Plenary Session
are completely black-box operated by core members.
The public, the so-called beneficiary, didn’t participate.
It’s seems more to feed an illusion for the public, because
the protection of the party, as well as protecting core
members’ own interests, are only what is considered.
Interview & Edit/LiuHui Post-Production/ShuCan