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Law Professors in China Call for Independent Judiciary

By Cheng Jing
Epoch Times Staff
Created: January 22, 2013 Last Updated: January 25, 2013
Related articles: China » Regime
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A Chinese paramilitary policeman reacts to a camera outside in Beijing on Nov. 8. (Mark Ralston/AFP/Getty Images)

A Chinese paramilitary policeman reacts to a camera outside in Beijing on Nov. 8. (Mark Ralston/AFP/Getty Images)

Law experts in China have called for the abolishment of the Political and Legislative Affairs Committee (PLAC) and the establishment of an independent judicial system at a symposium in Beijing last week.

The PLAC is in control of China’s internal security apparatus, which includes the police, prison system, and the judiciary, and has long been criticized for it’s corruption and unchecked power, which is regularly abused.

The problem in mainland China is that “the Communist Party is above the law so that it becomes the Party leader’s autocracy or even dictatorship,” Professor Cui Min of China People’s Public Security University said in a speech at the opening ceremony of the 4th Judicial Reform Academic Symposium in Beijing, held by Caijing magazine on Jan. 16. 

Cui said the “Chongqing model,” run by ousted Politburo member Bo Xilai, was a typical example of there being no rule of law and no judicial independence. Cui said there are many other places in China that are run by “tyrants like Bo Xilai,” where the constitution doesn’t apply. 

In order to achieve judicial independence, the Communist Party’s PLAC needs to be removed from all levels. This is the key as to whether China can make progress towards the rule of law, Cui said.

Professor He Weifang from Beijing University’s Law School said the reason why China’s judicial reform has been stuck over the past 10 years is that the goal of reform is unclear, and even the concepts of constitutional government, separation of powers, and judicial independence have become taboo.

Associate Professor Wang Jianxun from China University of Political Science and Law said that nowadays the Communist Party’s official documents are very ambiguous, as the governing tactic of ambiguity allows officials to interpret them in any way they like. 

Panic 

After the 18th Party Congress last November, Xi Jinping has repeatedly commented on the importance of following the constitution—ruling the country by law and exercising power through the law. 

Later, a personnel reshuffle followed of many chief justices of the provincial Supreme People’s Courts and procurator generals of the provincial People’s Procuratorates in all provinces, causing panic among PLAC officials, trying to figure out Xi Jinping’s final plan. 

PLAC officials who followed Jiang Zemin’s unofficial policy of embezzling public funds all these years are said to be worried about whether they will become scapegoats. 

On Jan. 8, Qi Xiaolin, the deputy Party secretary general of Guangzhou City’s Public Security Bureau, hanged himself. The official story is that he was suffering from depression. 

On Jan. 9, the deputy Chief of Justice of the Liangzhou district People’s Court in Gansu Province committed suicide by jumping out of a 6th floor window in the courthouse. 

Shi Zangshan, a Washington D.C. based China commentator, is not optimistic as to whether a constitutional government in China can be realized within the framework of the Communist Party system.

“The Chinese people and the international community won’t just let the Chinese Communist Party (CCP) evade all the atrocities it has committed,” Shi told The Epoch Times. 

“Especially when the shocking truth of the 13 year persecution of Falun Gong practitioners is opened up, Jiang Zemin and the CCP are the ones to be held accountable,” he said. “It will inevitably result in the collapse of the communist regime. They cannot evade or find a way around these crimes.

Editor’s Note: When Chongqing’s former top cop, Wang Lijun, fled for his life to the U.S. Consulate in Chengdu on Feb. 6, he set in motion a political storm that has not subsided. The battle behind the scenes turns on what stance officials take toward the persecution of Falun Gong. The faction with bloody hands—the officials former CCP head Jiang Zemin promoted in order to carry out the persecution—is seeking to avoid accountability for their crimes and to continue the campaign. Other officials are refusing to participate in the persecution any longer. Events present a clear choice to the officials and citizens of China, as well as people around the world: either support or oppose the persecution of Falun Gong. History will record the choice each person makes.

Read the original Chinese article.

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