In order to enhance judicial transparency, a spokesman system
has been established in all Chinese higher courts and the Supreme
People's Court (SPC), SPC President Xiao Yang said yesterday.
"We have now 65 spokesmen for courts at the two levels,
including two spokesmen for the Supreme People's Court," Xiao said
at a meeting about the courts' publicity work.
Xiao added that the spokesman system will instigate major
changes in the courts' relations with the media.
"With the spokesman system, the courts will adopt a more
positive attitude toward news reporting and publicity work," Xiao
said.
He said the courts will have authority to release trial
information at their own discretion, including explaining issues
and refuting rumors.
The system also irons out the possibility of random interviews
without court approval.
"All the important information will be released by the
spokesmen. Other work staff with the courts can only accept
interviews after media's applications are examined and approved by
the court," Xiao said.
He stressed that judges should be particularly cautious with
their words. They should not receive interviews without proper
authorization or emit opinions over important and sensitive issues
to the press.
SPC Deputy President Cao Jianming listed several "forbidden
zones" for the courts. They are prohibited from releasing content
related to state and commercial secrets or related to privacy
rights violations, Cao said.
Courts are also prohibited from releasing the names, home
addresses, photos or any personal information concerning defendants
who are minors.
The courts will make public only the rulings as well as basic
facts and reasons for cases not being given a public hearing, he
said.
Statistics used in the trial of various criminal cases cannot be
released without authorization.
Court leaders must examine cases dealing with national security,
ethnic groups, religion, important emergencies and sensitive issues
or involving foreigners and residents from Taiwan, Hong Kong and
Macao before they are exposed to media, he said.
Those offering "improper" news sources to media leading to a
negative impact will receive severe punishment, he added.
Cao further stressed that media should not make predictions,
comments or emit conclusive opinions related to ongoing cases ahead
of due process.
The media should be responsible for ensuring the accuracy of
facts, evidence and laws cited in their reports, he said.
Xiao Yang said intermediate people's courts and grass-roots
courts should also establish the spokesman system providing they
possess the conditions required to guide public opinions and ensure
"the people's right to know."
(China Daily September 13, 2006)