Academic defends China's human rights record with judicial achievements (2)

Shanghai, Guangdong, Jilin, Hubei, Hainan and Qinghai. These measures included classified information management and job security, judicial liability, and unified management in courts and procuratorates at provincial-level or below.

Pilots schemes in seven provincial areas made prosecutors accountable for their cases and catagorized their personnel under three categories - prosecutors, assistants and administrative staff - with prosecutors taking up a larger proportion.

Second, efforts were made to establish specialized judicial organs or those with jurisdictions spanning different administrative regions. China's first cross-region court and procuratorate - the Shanghai No. 3 Intermediate People's Court and the Shanghai No. 3 People's Procuratorate - were established. In late 2014, the SPC set up three Intellectual Property Right (IPR) courts to handle IPR-related cases. The SPC also inaugurated two circuit courts in Shenzhen and Shenyang at the beginning of 2015.

Judicial reform has provided concrete systemic foundations for human rights protection. Against the backdrop of "comprehensively deepening reform" and "comprehensively advancing rule of law", judicial reform is part of the readjustment of state power, a proper rebalance between civil rights and state power structures.

Since the 18th CPC National Congress, China has begun to delegate power to lower levels of government and cut administrative approvals, especially in 2014, when local governments at all levels vigorously promoted the power list system.

In November 2014, after two years of reviewing Party rules and other related documents, the central leadership abolished 160 regulations, revoked 231 and confirmed that 20 were still effective, further clarifying the Party's power scope.

In the meantime, the Fourth Plenary Session of the 18th CPC Central Committee also vowed to perfect and ensure the independent and just systems of judicial and procuratorial authority in accordance with law. It established a system for recording, reporting and investigating leading cadres' interference in judicial activities; and established and improved protection mechanisms for judicial personnel performing statutory duties. Gansu Province was first to move on this. In November 2014 it issued the first provincial document to support judicial organs independently exercising judicial authority.

In 2014, China's legislation initiatives also stressed the theme of limiting power. The Standing Committee of the National People's Congress (NPC) twice deliberated the draft amendment to the Legislative Law in August and December. The amendment stipulated that rules and regulations passed by local governments shall not damage the rights of citizens, legal persons and other organizations, nor shall they increase their obligations.

The amendment also granted more lawmaking powers at local levels, setting a clear boundary between the central and local governments. The Administrative Procedure Law, which has been effective for 24 years, was also revised in 2014. The updated law widened the scope of administrative litigation, stipulating that new cases should be recorded and those in charge should appear in court to respond to lawsuits, thus, strengthening judicial organs' supervision on administrative organs and safeguarding citizens' rights.

The purpose of "comprehensively advancing rule of law" is to implement the constitutional rule that the country respects and protects human rights. In the legal sense, the constitution aims to adjust the relationship between state power and citizens' rights. It provides a legal foundation to consolidate solidarity of citizens and their loyalty to the nation.

The priority of rule of law is to rule under, uphold and abide by the constitution.

On Nov. 1, 2014, the NPC Standing Committee passed the resolution to set Dec. 4 as National Constitution Day and mandated that elected or appointed officials should swear an oath of allegiance to the constitution when taking office. The resolution demonstrates the authority of the constitution, and in effect exemplifies that the state power respects and protects human rights.

Such moves taken by the ruling party, the government, the military and other judicial organs to limit powers have in essence broaden citizens' rights. Reform measures on housing, health care, education and social security have reflected the nation's active duties to safeguard human rights.

In terms of the relationship between state power and citizens' rights, the limits on direction of power and rights protection has embodied the basic logic and orientation of China's human rights situation.

In 2013, the Third Plenary Session of the 18th CPC Central Committee vowed to deepen judicial reform, expedite the building of a just and authoritative socialist judicial system, protect people's rights and interests and let the masses feel fairness and justice in every case.

In 2014, under the background of "comprehensively deepening reform," judicial reform, be it top-level design or micro-judicial matters, have enforced the judicial protection of human rights and moved closer to the systemic justice of human rights protection.

As for the development of China's human rights, we can not expect all countries to splurge praise, nor should we turn to external "human rights guardians" to improve ourselves.

China's human rights requires our own approach. Endit