A Review of Judicial Reform in China

This article analyzes the social backgrounds of judicial reform in Chi na, undertaking discussions of the achievements and inadequacies of judicial ref orm in China, on the basis of which, it forecasts the prospects of judicial refo rm in China and makes proposals for furthering the judicial reform. The article also points out the principle to abide by for judicial reform in China, i.e. sti cking to the four basic principles, especially strengthening and improving on th e leadership of the Communist Party; insisting on further judicial reform within the democratic constitutional political system and independent judiciary does no t mean doing away with the supervisory checks of the institution of people's rep resentative congress. Rather, only by self-consciously accepting the legal and j ustifiable supervision of the people's representative congress can independent j udiciary be effective guaranteed. And promotion of the integrated effort is to b e combined with gradual reform. Under the pre-condition of maintaining political system reform and judicial improvement basically in pace, proper advancement of judicial reform is encouraged to provide experience for the political system re form of the country. This article maintains that judicial reform in China should be based on macro-judicial approach and the objectives of judicial reform shoul d be clarified while sticking to the basic idea of government by the law. It is proposed that a judicial reform committee be set up under the Standing Committee of the National People's Congress and reform be undertaken of the administrativ e system in China. In the meantime, prompt measures should be taken to actively m eet the tasks and challenges the judicial reform confronts against the backgroun d of globalization.