Academic defends China's human rights record with judicial achievements(2)

The year 2014 was a milestone in China's human rights development. Protecting human rights through rule of law saw marked progresses last year amid the country's overall reform drive. The Fourth Plenary Session of the 18th Communist Party of China (CPC) Central Committee, held in October, was a landmark for these changes. It was the first time a plenary session of the CPC Central Committee had taken rule of law as its central theme. A decision from the CPC Central Committee on "major issues concerning comprehensively advancing rule of law" adopted by the meeting served as the top-level design and strategic deployment for expediting the building of the socialist legal system.

In addition, a series of reform measures are already in place. In 2014, moves were taken to standardize sentencing and to install a case instruction system in all courts, to safeguard related parties' rights and interests through nationwide standards of discretion, justice, balanced sentencing and transparency.

More than 3,300 courts at various levels were linked up to the SPC's video system to receive petitions, which facilitated termination of lawsuit-related petitions. Judicial organs also introduced measures to enhance institutional protection of related party's rights to be informed, make statements, defend and appeal in criminal cases, while adhering to the principles such as "innocent until proved guilty" and the exclusionary rules of illegal evidence.

Moreover, to safeguard rights of minors and the public, judicial organs launched campaigns to crack down on criminal conduct such as sexual abuse of minors; seeking illegal gains by fabricating or spreading rumors online; endangering food or drug security; environmental pollution; accepting bribes; and dereliction of duty.

In 2014, Chinese courts made judgment papers accessible online so the public could supervise. The courts also enhanced enforcement of verdicts by blacklisting those who refused to exercise judgments. Prosecuting organs have introduced online platform for handling cases and law enforcement, and stepped up supervision on cases of commutation of sentences, parole or medical bail. Moreover, prosecuting organs initiated a half-year international manhunt for economic criminal suspects last year.

Great waves were made in institutional judicial reform in 2014, to ensure independent exercise of power. These moves involved structural reform within judicial organs and their administrative systems, as well as management of officials and funds.

First, simultaneous reform at the court and prosecuting body levels was advanced through trial strategies. Four reform measures were piloted in six provincial areas -- Shanghai, Guangdong, Jilin, Hubei, Hainan and Qinghai. These measures included classified information management and job security, judicial liability, and unified management in courts and procuratorates at provincial-level or below.

Pilots schemes in seven provincial areas made prosecutors accountable for their cases and catagorized their personnel under three categories - prosecutors, assistants and administrative staff - with prosecutors taking up a larger proportion.

Second, efforts were made to establish specialized judicial organs or those with jurisdictions spanning different administrative regions. China's first cross-region court and procuratorate - the Shanghai No. 3 Intermediate People's Court and the Shanghai No. 3 People's Procuratorate - were established. In late 2014, the SPC set up three Intellectual Property Right (IPR) courts to handle IPR-related cases. The SPC also inaugurated two circuit courts in Shenzhen and Shenyang at the beginning of 2015.

Judicial reform has provided concrete systemic foundations for human rights protection. Against the backdrop of "comprehensively deepening reform" and "comprehensively advancing rule of law", judicial reform is part of the readjustment of state power, a proper rebalance between civil rights and state power structures.

Since the 18th CPC National Congress, China has begun to delegate power to lower levels of government and cut administrative approvals, especially in 2014, when local governments at all levels vigorously promoted the power list system.