Advancing the rule of law draws praise from experts

Experts overseas have lauded the progress made by China in advancing the rule of law over the past decade.

The consistency and predictability offered by an improved legal system help provide a better environment for businesses and a more harmonious society for citizens, one expert said.

Koh King Kee, president of the Center for New Inclusive Asia, a Malaysian think tank, said China has made significant progress in judicial reform by amending and enacting new laws, setting up legal institutions and improving the legal system in its efforts to realize law-based governance.

"This is a reflection and testimony of China's relentless efforts to deepen its reform and modernization," he said.

China's economic progress is "in no small way predicated on law-based governance, which provides a business-friendly environment conducive for growth", he added.

Mei Gechlik, founder of SINOTALKS, a repository in the United States of knowledge about Chinese law and policy, said China has taken key steps to ensure the rule of law and uphold its Constitution.

For example, she said the national legislature has worked to implement a mechanism enabling any citizen who feels that a local regulation issued by a provincial legislature is inconsistent with the country's Constitution to request the national legislature to conduct a review.

"If, after the review, the local regulation is found to be inconsistent with the Constitution, it will be revised accordingly," Mei said.

Meanwhile, the Supreme People's Court has released more than 200 guiding cases, or de facto binding precedents, to provide guidance on various legal issues, including contracts, criminal law, intellectual property rights, and enforcement of arbitral awards and judgments.

"Judges handling cases similar to guiding cases are expected to render their judgments in accordance with guiding principles stated in the guiding cases," Mei said.

The efforts contributed by legislators and judges through the review mechanism and guiding cases help ensure consistency of legislation with the country's Constitution and the courts' uniform application of legislation nationwide, she added.

These efforts are cause for optimism that "the Chinese legal system is evolving to become a solid system through which all legislation will be in line with the Constitution, and such legislation will be applied uniformly across the country," Mei said.

"The resulting consistency and predictability offered by such a legal system will help provide not only a better environment for businesses, but also a more harmonious society for citizens," she added.