The root cause of judicial unfairness or judicial corruption lies in the following three defects in the current court management system: the localization of judicial power,the administrative character of the internal court management system, and the non-professional character of the judges. Judicial reform must be carried out from top to bottom through the revision of laws,according to a clear guiding ideology and integrated planning. The power to appoint and remove judges should be given back to the standing
committees of the people's congresses at the provincial level; the fund for the court should be allocated directly by the state; and the system judicial jurisdictions should be separated from that of administrative divisiorrs.Apart from appellant instance and retrial, all the other forms of supervision of lower-level courts by high-level courts should be abolished and the independence of trial by judges should be strengthened. The systems of adjudicatory committee and collegial panel should be abolished for the grass
roots courts and the status collegial panel should be strengthened for the courts at or above the intermediate level. Efforts should be made to drastically reduce the number of judges,to establish a strict system for the selection, periodical exchange and reward punishment of judges and to provide judges with necessary status and economic safeguards. |