Editorials

Monitoring judiciary

(China Daily)
Updated: 2010-08-09 07:55

Recent news reports that exposed the collusion between some judges of a local court and a coalmine owner in Henan province have highlighted the need for effective self-regulation, or even independent oversight, of the nation's judiciary.

The coalmine owner reportedly bribed the judges in Yichuan county in exchange for a lenient sentence - one year in prison with a one-year reprieve - in a case where an accident at his mine killed two people.

The graft incident would not have come to light had it not been for a recent and far more serious accident at the same mine which claimed the lives of 44 miners, with four missing and injuries to another four.

The mine owner had remained beyond law enforcement oversight. The probe into the fatal gas explosion led investigators on to the earlier deal.

As per law, the courts should have notified the local police about people convicted by it, so as to place them under effective supervision once they are out of jail.

The judges in question, however, failed to comply with that rule. This enabled the coalmine owner to run his mining business in violation of a government ban, which prohibits convicted owners from operating the mine for a period of five years.

Four judges of the county court have been arrested, while two others are on the run.

Self-discipline may be vital in the legal profession, but this case highlights just how important it is to not just rely on self-regulation.

Third-party oversight is therefore a must if the country's lower-level judicial organs have to function strictly by the book.

Western-style checks may not be needed in the nation, but a mechanism that effectively monitors graft in the judiciary must be implemented to make them truly independent.

(China Daily 08/09/2010 page8)