The chief justice Xiao Yang said the country can take advantage
of the good judicial practices of Western countries to facilitate
domestic court efficiency and ensure better justice.
Addressing a work conference of high court presidents yesterday,
Xiao said new efforts have greatly pushed forward the country's
judiciary reform and quick integration with the international
community,
Since the 1980s, China has adopted a number of advanced foreign
judicial practices for its own reference.
Trial procedures, rules of evidence and credit systems have been
constantly improved, and judges' professional training is also
getting stricter, Ni Shouming, spokesman of the Supreme People's
Court, said.
"One of the most important steps was the introduction of
international intellectual property rights protection regulations,"
Ni told China Daily.
However, Xiao stressed that although foreign judicial systems
may be mature and systematic, but "by no means should we work over
domestic issues according to foreign theory frameworks and
categories".
He said establishing a "fair, efficient and authoritative"
judiciary system has to take the country's fundamental realities
into consideration.
"We have already been taught lessons by copying foreign judicial
practices," Xiao said.
The Chinese courts' practice of over-emphasizing the role of a
lawyer and proof like their Western counterparts does no good to
some underprivileged litigants who lack basic knowledge about the
procedure of lawsuits or cannot afford to hire a lawyer.
"Such practices often result in an untrue ruling, leading to the
increasing number of appeals and complaints in some places," Xiao
said, adding that courts of all levels will give more legal help
and pre-lawsuit coaching to vulnerable groups.
In addition, Xiao also called for upgrading the system to
improve the credibility of courts.
"The majority of the nearly 8 million cases dealt by Chinese
courts annually are fair," Xiao said.
"However, we still have to endure criticism of injustice, and
low judiciary credibility and the absence of authority, these are
still acute challenges for Chinese courts."
Ni said some people do not trust courts. Instead, they choose to
seek help from the media or other State administrative
departments.
"All we need to do now is to continue upgrading current trial
procedures," Ni said. "People will naturally turn to the courts
once the procedures are complete and mature enough."
(China Daily July 6, 2007)