The conundrum of bolstering the rule of law in Communist party-run China was on the agenda for its leaders on Monday at the start of a four-day conclave to guide policy for the coming year.
Rule of law is a tricky notion in China because the party operates above the law and has never appeared inclined to change. However, the ruling party and the government it controls are under pressure to improve the court system to address citizens’ unease that they have no real recourse in conflicts, including with local officials they accuse of unfairly seizing property and other wrongdoing.
Communist party leaders have set “rule of law” as the theme for this year’s annual meeting of its central committee.
Some experts argue the leadership is invoking the concept to improve China’s image at a time when the authorities are stepping up persecution of dissidents, activists, human rights lawyers, scholars and writers.
No formal decisions are expected until Thursday, when the central committee’s 205 members will conclude the meeting. Political observers are watching for changes to place the party under the authority of the law, although many believe that will not happen.
“Ultimately, people will look at one line – whether the party should be under the constitution or above the constitution,” said Cheng Li, director of the John L Thornton China Centre at the Brookings Institute, a Washington-based thinktank.
Carl Minzner, a law professor and expert on China’s legal system at the Fordham law school in New York, said there was “absolutely zero chance” that the party would impose meaningful legal checks on its own power.
Still, some experts are expecting legal reforms that would bring some fairness at a local level, where unrest over injustices has flared up into violence.
The meeting is expected to give provincial courts supervisory powers over their county-level peers in the areas of funding and appointments, taking them out of the influence of local authorities.
Other changes may include vetting judges to ensure they are professionally qualified and making more verdicts available to the public to hold judges accountable for their rulings.
Xu Xin, a Beijing-based legal scholar, said there could also be measures to curb corruption by requiring newly appointed officials to disclose their assets and by setting up an anti-corruption agency.
Communist party leaders have set “rule of law” as the theme for this year’s annual meeting of its central committee.
Some experts argue the leadership is invoking the concept to improve China’s image at a time when the authorities are stepping up persecution of dissidents, activists, human rights lawyers, scholars and writers.
No formal decisions are expected until Thursday, when the central committee’s 205 members will conclude the meeting. Political observers are watching for changes to place the party under the authority of the law, although many believe that will not happen.
“Ultimately, people will look at one line – whether the party should be under the constitution or above the constitution,” said Cheng Li, director of the John L Thornton China Centre at the Brookings Institute, a Washington-based thinktank.
Carl Minzner, a law professor and expert on China’s legal system at the Fordham law school in New York, said there was “absolutely zero chance” that the party would impose meaningful legal checks on its own power.
Still, some experts are expecting legal reforms that would bring some fairness at a local level, where unrest over injustices has flared up into violence.
The meeting is expected to give provincial courts supervisory powers over their county-level peers in the areas of funding and appointments, taking them out of the influence of local authorities.
Other changes may include vetting judges to ensure they are professionally qualified and making more verdicts available to the public to hold judges accountable for their rulings.
Xu Xin, a Beijing-based legal scholar, said there could also be measures to curb corruption by requiring newly appointed officials to disclose their assets and by setting up an anti-corruption agency.
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