Legal system moves toward leniency
15/3/2007 9:54
Two of the country's top justice officials suggested leniency could play a
larger role in China's legal system in the future during reports to the
country's ongoing parliamentary session.
Chief justice Xiao Yang and
chief prosecutor Jia Chunwang both pledged in their annual work reports to
follow a policy of "balancing severe punishment with leniency" in a deliberate
move away from the "strike hard" anti-crime policy that has been in place in
China for more than two decades.
"The new wording marks a tremendous
shift in China's criminal justice system," said Liu Hainian, renowned law
professor with the Chinese Academy of Social Sciences.
Even though severe
punishments, including the death penalty, are still part of the new approach,
the shift is a major step forward in China's judicial reform for the protection
of human rights, Liu said.
Xiao Yang, president of China's Supreme
People's Court, told the annual session of the National People's Congress that
Chinese courts at all levels should "adhere to the policy of balancing severe
punishment and leniency."
Jia Chunwang, procurator-general of the Supreme
People's Procuratorate, also promised to carry out the policy in order to
"promote social harmony."
China initiated the "strike hard" anti-crime
campaigns in 1983, ruling that criminals should be dealt with "severely, heavily
and with no delay." The policy was aimed at countering a sudden surge in
criminal offenses, which arose shortly after China began its reform and
opening-up policy.
China has carried out three nationwide "strike hard"
campaigns and several hundred campaigns at local levels over the past 24 years.
During the first national "strike hard" campaign in 1983, more than 1.6 million
criminal cases were handled.
Professor Liu said that as social order
deteriorated and serious crimes soared during the 1980s, the "strike hard"
campaigns did help to maintain public order and social stability.
But
rapid police interrogations and hasty judgments by the court were also blamed
for widespread torture and unjust punishment of innocent parties.
Many
others were given penalties harsher than they deserved in accordance with the
law.
Following the exposure of several misjudged cases years ago, which
sparked national outcries, China's legal circle began to reflect on the criminal
justice system. In one case a women believed killed in the 1980s, reappeared 16
years after her alleged murderer had been executed.
"Handling all
criminal offenses under the sole approach of 'strike hard' is not in the spirit
of building a harmonious society, which is based on equity and justice," Liu
said.
In October 2006, the policy of "balancing severe punishment with
leniency" was first recognized by central authorities as a means to help build a
harmonious society.
Xinhua news
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