Article: China’s Latest Judicial Reform:Independence of Judiciary Manager’s Choice

China’s Latest Judicial Reform:Independence of Judiciary Manager’s Choice

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Linchang Shen
Corporate Law?Int’l Trade?Dispute Resolution
A judicial reform blueprint, which put forward 45 reform measures across eight areas was released on July 9 by the Supreme People’s Court (SPC) particularly endowed judges with the right to make independent rulings without the approval of court heads.

In the current Chinese judiciary, rather than having judges try cases, most important court decisions are made by a “judicial council” (?????)or division leaders which do not participate in the trial. The “try but not judge” practice has always been a key part of China’s judical reform and has been criticized over the years for impairing court fairness. During the legal procedure, a fair judgement can be expected only from a judge who has listened to the defendants, accusers and witnesses and checked the evidence himself. The separation of trial and ruling only leads to inefficiency and unfairness.
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