Charting the Course
- 来源:北京周报 smarty:if $article.tag?>
- 关键字:NPC,judicial transparency,SPC smarty:/if?>
- 发布时间:2015-03-26 12:56
China reviews the year gone by and sets new goals accordingly
The Third Session of the 12th National People’s Congress (NPC), China’s top legislature, concluded in Beijing on
March 15, while the Third Session of the 12th National Committee of the Chinese People’s Political Consultative Conference (CPPCC), the country’s top political advisory body, ended two days earlier.
Two sessions
The NPC session fulfilled its tasks of building consensus among the people, clarifying the missions ahead and raising confidence, stated Zhang Dejiang, Chairman of the NPC Standing Committee, who presided over the NPC closing meeting.
The NPC deputies approved a number of important documents, including the government work report, the national economic and social development plan and the central budget.
They endorsed the work reports of the NPC Standing Committee, the Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP).
One of the most important outcomes of the session was the revision of the Legislation Law.
The revised law improves the legislative system, further clarifies legislative power and streamlines procedures, he explained.
The law is of great significance to the effort of perfecting China’s socialist legal system centering on the Constitution, Zhang said.
The top legislator stressed that all work should center on the strategic layout of the “Four Comprehensives” unveiled by President Xi Jinping, which refer to comprehensively building a moderately prosperous society, deepening reform, advancing the rule of law and strictly governing the Party.
“The NPC is facing new requirements and having new tasks to keep a balance between reform and legislation,” he noted.
While adhering to the socialist legal system with Chinese characteristics, the NPC will work to ensure that all reform measures are legitimate and that legislation is updated according to the needs of the reform and economic and social development, he said.
Zhang stressed the role of the peoples’ congresses as a major platform to connect with the people in a bid to push forward with building a socialist democracy.
Zhang called on all NPC deputies to enhance their sense of responsibility, develop close contacts with the people, promptly respond to people’s requests and be supervised by them.
At the same time, the session also approved a report on motions raised by NPC deputies.
By March 10, the deadline for motions, the secretarial department of the NPC had received 522 motions—54 more than last year—said Guo Zhenhua, deputy head of the department’s proposal group. Of those, more than 90 percent had to do with the country’s major legislative initiatives, including economic and judicial reform, Guo commented.
At the closing meeting of this year’s annual session of the CPPCC National Committee, Yu Zhengsheng, Chairman of the CPPCC National Committee, highlighted the leadership of the Communist Party of China (CPC) in the work of the political advisory body, while urging political advisors to pool “positive energy” to contribute to the country’s development.of the CPPCC National Committee, highlighted the leadership of the Communist Party of China (CPC) in the work of the political advisory body, while urging political advisors to pool “positive energy” to contribute to the country’s development.
A political resolution adopted at the meeting made extensive references to the “Four Comprehensives,” calling them a “guideline for advancing Party and national undertakings” in the new year.
The annual session also approved a report on the work of the Standing Committee of the 12th CPPCC National Committee over the past year, and a report on the proposals submitted by CPPCC National Committee members to the session.
This year, CPPCC National Committee members had submitted some 5,800 proposals concerning the country’s economic and social development.
According to the report on the proposals, much of the political advisors’ attention was focused on deepening reforms, advancing the rule of law, and safeguarding and improving people’s well-being.
Political advisors raised some 2,100 proposals regarding China’s economic development and the formulation of the 13th Five-Year Plan (2016-20) in the face of the “new normal” of slower economic growth. Another 600 proposals focused on the political front, with political advisors calling to intensify the anti-corruption campaign, improve legislation and build a law-based government. About 1,500 proposals focused on social affairs, and over 400 on environmental protection and ecological progress.
On the government work report
On March 15, the Government Work Report, delivered by Premier Li Keqiang on March 3, was passed with 2,852 approval and 18 opposition votes.
Xie Heping, President of Sichuan University, said the report—different in structure and expressions from previous years—was fresh and inspiring.
Lei Jun, Co-founder and CEO of Xiaomi Corp., now the world’s third-largest smartphone maker, gave it a thumbs-up for encouraging technological innovation and popular entrepreneurship.
“Though only a small part of the report is related to the Internet, it was insightful,” he said.
The premier said that “whatever fiscal difficulties we may face, our policies to support agriculture must be strengthened, and funding must be increased.”
As an NPC deputy from rural China, Guo Jianren was encouraged by this promise.
“I’m expecting to receive more benefits that will help improve farmers’ living conditions,” Guo said.
Chen Lifen, NPC deputy with the Jiangsu Sunshine Group, noted the importance attached to traditional industry and its determination to transform it.
“As an enterprise representative from traditional industry, I have seen hope from the report. And it encourages me to continue our management and seek development,” Chen said.
Lu Qingguo, NPC deputy and Chairman of Chenguang Biological Technology Corp., gave high marks to the statement that “powers should not be used without good reason.”
“This is exactly what companies want most,” Lu said.
On judicial reports
The annual work reports of the SPC and the SPP won record support from legislators during the voting session on March 15. Experts said it shows that the efforts made by the SPC and the SPP on judicial transparency and reform to enhance judicial credibility have gained public approval.
A record 2,529 NPC deputies voted for the 2014 work report of the SPP, while the SPC got 2,619 votes. It is the highest approval rate for the SPP’s work report since 1990.
The SPP and SPC received 284 and 213 dissenting votes, respectively this year, 27.2 percent and 43.7 percent lower than last year. It shows the lawmakers’ recognition of the deepened legal reform carried out by the judicial authorities last year.
“It is not surprising to see such wide approval from legislators. The SPP and the SPC have adopted many measures to boost judicial transparency. For example, judicial and prosecution information are now available to the public online, which allows the public to better understand judicial procedures through various channels,” said Wang Jingbo, a professor at the China University of Political Science and Law.
The determination and efforts in correcting wrongful convictions also won public favor, said Wang.
In his report, Chief Justice Zhou Qiang expressed self-reproach for wrongful convictions during his tenure.
“We are ashamed of letting wrongful convictions happen. Courts of all levels should learn a serious lesson from these cases,” said Zhou.
The SPC will improve the mechanism to effectively prevent and correct wrongful convictions, he said.
In 2014, courts nationwide reheard 1,317 cases and corrected a number of wrongful ones, according to Zhou’s report.
Procurator General Cao Jianming also stressed in his report that preventing wrongful convictions is something that prosecutors must always hold as one of their foremost duties.
The SPP will perfect the protocol for prosecutors to supervise police investigation and detention of suspects and expand the channels for suspects in custody and inmates to appeal, Cao said when delivering the report to the national legislators on March 12.
The SPP is also researching on a system, in which appeals from suspects in custody and inmates can be handled by prosecutors of a different jurisdiction.
Procuratorates will impose stricter scrutiny on detention centers and prisons while working harder to stop the police from holding suspects for too long.
Law enforcement officers whose actions lead to wrongful conviction and the death of suspects, such as extorting a confession through torture, will face serious prosecution, Cao warned.
Prosecutors themselves will strictly follow the protocol of collecting, examining and using the evidence.
They are asked to pay special attention to murder cases and others that are mainly established on confession and witness statement.
Prosecutors should work to stop any case “tainted” by a lack of evidence or unlawful procedure from going to the court, Cao said.
He also urged prosecutors to protect lawyers’ legal rights and listen to their opinions.
The SPP will blacklist and punish prosecutors who abuse their powers and promptly correct their wrongdoings, Cao stressed.
By Yin Pumin
