Procedural laws need improvement
Hu Cong  Updated: 2004-10-12 08:37

The revision of procedural codes is once again in the limelight as big-shot legal professionals convened a symposium in Guangzhou on Sunday putting forward their latest views and theories on the revision.

Huang Songyong, vice-president of the Supreme People's Court, suggested at the meeting that the criminal procedure provided more chances for the use of bail - unlike the current law that requires suspects to be held in custody in most cases - to better protect the basic rights of suspects.

Huang is one of those in favour of all-round procedural law revisions. Experts attending the symposium agreed almost unanimously that all major procedural codes, including the laws on criminal, civil and administrative procedures, must be modified to adapt to the changing times.

In particular, many of their suggestions aimed to make the procedures more just and protect the rights of citizens involved in litigation - be they plaintiff, defendant, or witness.

These leading experts have made insightful points. Enacted many years ago, current procedural codes are no longer in line with the country's growing market system which demands stricter procedures to execute stipulations in substantive statutes.

The Supreme Court has made a host of interpretations to lessen the deficit, which have also served to sap the procedural legislations' consistency as well as authority.

It is time to make an overhaul of the procedural laws to make them more complete, more reasonable and more attentive to individual rights.

Procedural laws are key means in realizing the ideals of our Constitution and other substantive legislation. Successful revision of them will be vital to the country's dedication to the rule of law and the well-being of the public.

The Standing Committee of the National People's Congress has announced a plan to revise all major procedural codes before its term expires in 2008. It will help in doing this job well if the legislators take the legal professionals' ideas and wisdom seriously.

(China Daily)

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