Global Integrity Report

The Global Integrity Report (report.globalintegrity.org)

China Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	83
34	Can members of the judiciary be held accountable for their actions?	58
35	Are there regulations governing conflicts of interest for the national-level judiciary?	39
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Chapter 5 of Judges Law of the People's Republic of China

Peer Review Comments: There may be a transparent method for choosing judges, but they're all under the control of the CCP.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: Since 2002, candidates have to pass the national judicial exam in order to become judges.

References: 1): "Improving Judge Selection Mechanism" Xinhua News Agency, April 26, 2007, [ LINK ]

2): Qian Wenjuan, Liu Wenjuan "On the Judge Management System of China" China Court, June 11, 2007 [ LINK ]

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Chapter 5 of Judges Law of People's Republic of China

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: See [ LINK ] for examples.

References: Judges Law of the People's Republic of China

Peer Review Comments: According to Judges Law of the People's Republic of China, Public Procurators Law of the People's Republic of China, and The Supreme People's Court's Opinions on Strengthening the Work on Judicial Openness in the People's Courts, members of the national-level judiciary are obliged to give reasons for their decisions.

Suggested references: 1. The Supreme Peoples Courts Opinions on Strengthening the Work on Judicial Openness in the People's Courts [ LINK ] 2. Public Procurators Law of the People's Republic of China [ LINK ] 3. Judges Law of the People's Republic of China [ LINK ]

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: 1): "Nanchang Court Explained Reasons for Their Decisions" Legal Daily, Aug. 29, 2005 [ LINK ]

2): Dong Zhaohong, Fang Hengzu "On the Reform of Judgement Reasons", The Journal of Zhejiang University, 2007 [ LINK ]

3): Chen Ruihua "The Trial Should Be Public" Caijing Magazine June 19, 2007 [ LINK ]

Peer Review Comments: In practice, members of the national-level judiciary must give reasons for their decisions, no matter whether these reasons are acceptable to the concerned.

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: Judges are subject to the criminal law. Generally, various levels of disciplinary committees will investigate judges in order to decide whether to turn the matter to judicial process or not.

References: Disciplinary Committee of the Chinese Communist Party, Criminal Law of People's Republic of China

Peer Review Comments: Although there is no disciplinary agency set up especially for the national-level judicial system, the CPC Central Commission for Discipline Inspection can initiate investigations into the judicial system.

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: No such laws exist.

Peer Review Comments: The Central Commission for Discipline Inspection is set up and controlled by the CPC.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: 1): "Baoshan District Prosecutor Initiates Investigations on One State-owned Coal Field" Long Jianwang, June 10, 2006 [ LINK ]

2): "Prosecutor's Office Investigates Ministry Level Officials" The Beijing News, March 21, 2006 [ LINK ]

Peer Review Comments: When necessary, the CPC Central Commission for Discipline Inspection initiates investigations.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: 1): "Baoshan District Prosecutor Initiates Investigations on One State-owned Coal Field" Long Jianwang, June 10, 2006 [ LINK ]

2): "Prosecutor's Office Investigates Ministry Level Officials" The Beijing News, March 21, 2006 [ LINK ]

Peer Review Comments: When necessary, the CPC Central Commission for Discipline Inspection imposes party internal penalties on offenders and suggests administrative penalties to the relevant administrative organs, but it hands the offenders over to the judiciary for criminal prosecutions.

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: There are no such requirements.

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: Rules about Cadres Accepting Gifts, Stocks and Coupons, enacted by Central Disciplinary Committee in 2001.

Peer Review Comments: The English translation of the social scientist's reference missed something and I would like to suggest another English version: Regulations on the Punishment of Leaders at Various Levels Giving and Receiving Cash, Negotiable Securities, and Payment Instruments. [ LINK ]

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: There are no such requirements.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: Civil Servants Law of People's Republic of China

Peer Review Comments: Suggested other reference: Judges Law of the People's Republic of China [ LINK ]

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: Chutian City News published one regulation of Hubei province prohibiting incumbent officials to enter the private sectors. [ LINK ]

Peer Review Comments: Former judges just wait for two years before they can work as lawyers defending cases in courts.

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: 1): He Chengjjun and Liu Xia "Gifts Is One Form of Corruption" Gansu Economic Daily, March 9, 2005 [ LINK ]" target="_blank">[ LINK ]

2): Cheng Baoku "60 Percent of the Respondents Don't Trust Anti-corruption on Gifts and Hospitality" China Youth Daily, Aug. 21, 2006 http://www.gansudaily.com.cn/20050309/456/2005309A02306001.htm

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments:

References: 1): "Law Professors Suggest Assets Disclosure Should Be Integrated into Law" Feb. 5, 2005 [ LINK ]

2): Sang Yucheng "Assets Disclosure Is More Important in Curbing Corruption" Wenhui Bao, Feb.8, 2002 [ LINK ]

3): Kong Shanguang "Assets Discloure Is Still up in the Air" China Value [ LINK ]

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: There are no such requirements.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: 1): "When to Initiate Assets Disclosure?" China Youth Daily, Nov.2, 2006

2): Cai Xuebin and Luo Xiaoguang "On Perfection of China's Property Declaration System" Journal of Guangxi Economic Management Cadre College, issue 4, 2005

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: 1): "When to Initiate Assets Disclosure?" China Youth Daily, Nov.2, 2006

2): Cai Xuebin and Luo Xiaoguang "On Perfection of China's Property Declaration System" Journal of Guangxi Economic Management Cadre College, issue 4, 2005