China / Government

Judicial system should enforce the Constitution

By CAO YIN (China Daily) Updated: 2014-10-24 07:06

Improving the judicial system according to the rule of law should include better enforcement of the Constitution, access by lawyers to judge and prosecutor posts, and independent handling of disputes, judicial experts said on Thursday.

"The life and energy of the Constitution should be embodied in its implementation, and its enforcement also represents its authority and power," said Ying Songnian, professor of law with the China University of Political Science and Law.

"Therefore, the first step to fulfill the rule of law lies in developing work in accordance with the Constitution. Upholding the Constitution is also the premise of respecting and protecting human rights."

Yi Shenghua, a criminal lawyer at Beijing Yingke Law Firm, called for improving access by judicial professionals to judges' and prosecutors' posts. Legislators, judges and prosecutors should be recruited from among lawyers and legal specialists, Yi said.

"I am glad to see that the central government has highlighted and boosted communications and interactions among judges, lawyers, prosecutors and legal professionals. It's necessary and must be effective to upgrade our judicial team," Yi said. "Lawyers are familiar with practical cases, which can help them solve disputes if they are selected to be judges."

It's also important to guarantee that judges and prosecutors can handle disputes independently, said Bi Yuqian, director of the trial research center under the China University of Political Science and Law.

Additionally, leaders should be encouraged to supervise judges and prosecutors, looking at their records of cases and establishing a system of accountability.

"Such supervision can avoid some judges and prosecutors making use of their position to deal with cases, or tackling their work for money," Bi said.

But he said the leaders' supervision should also be legally enforced, which means they cannot abuse power, either.

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