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Improved Judiciary Called for

Shanghai's delegation to the National People's Congress called yesterday for improvements in the quality of the country's judges and prosecutors.

Their remarks came during discussion of annual reports submitted by the Supreme People's Court and Supreme People's Pro-curatorate.

Top prosecutor Han Zhubin and Deputy Chief Judge Cao Jianmin participated in the Shanghai contingent's deliberations in Beijing, where the NPC is in session.

Most of the delegates interviewed in the capital and court officials contacted in Shanghai said they were satisfied with the year-end accounts.

"The report by the Supreme People's Court for the first time clarifies a new policy of encouraging officials to take responsibility for wrongdoing and resign. I ardently advocate the policy and will follow it myself," said Fang Lungui, president of Shanghai Yangpu District People's Court, who took the post only two months ago.

"If my report isn't accepted by the district-based People's Congress by the end of this year, or if one-third of my court staff is not satisfied with my work, I will take the blame and quit," he added.

The delegation gave several suggestions to the two agencies.

Han, himself a Shanghai deputy, talked frankly about the problems existing in his work.

"We do not have enough supervision of judgments in civil and criminal cases," he said. "Even if we determine that a decision is wrong and we protest to the court, we do not have enough provisions in the law to succeed in overturning the ruling."

For example, he pointed out, the law does not specify a deadline for the court to respond to a challenge, nor does it adequately protect prosecutors' investigation rights.

Han said his office has offered legislation addressing these problems to the National People's Congress.

Improving the quality of judges and prosecutors is a pressing issue facing the entire country, according to Shanghai deputies.

The delegates called for a cut in unneeded prosecutors and the weeding out of judges who don't have sufficient legal knowledge.

Said Chen Zuoyi, a legislator from Shanghai, "The court and the procuratorate should hire more graduates from law schools and give more training to those who lack legal knowledge but serve in the two agencies."

His words were echoed by Cao.

"Of all the judges, only around 50 percent are law school graduates," said the judge. "In coastal areas, the situation is better, but in some places in the inner provinces, 40 percent of the judges do not have enough legal knowledge. In some locales, four out of five judicial positions are decided by favoritism."

Another problem in the delegation's view is that law school graduates will not take part in the country's westward development drive because of harsh conditions in the hinterlands.

Deputy Xia Xiurong urged an increase in the salaries of judges and prosecutors who are recruited to serve in the inner and western provinces.

(Eastday 03/13/2001)

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