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Chapter 4 Judicial Reform: Shall We Shift?
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(Abstract)

Judicial reform has been one of the important social topics in China in recent years. After speeches by state and Party leaders,lengthy articles by academics,endless studies and research,and innumerable reform measures in the judiciary,it seems that all that can be written has been written,all that can be said has been said,and all that can be done has been done. Yet,in the wake of such tremendous efforts,the level of public satisfaction with the results of judicial reform is quite low and disappointment often surpasses expectations. As aresult,some people believe that the fountain of judicial reform is exhausted,andto them,it seems that the reformers and scholars should change course and try to find the next hot spot of reform for governing the country according to law.

This,of course,is not advisable. To achieve the constitutional goal of building a socialist rule-of-law country,a modernized judicial system is indispensable. This is not merely a theme in the study of jurisprudence,but also the logicof the concept of the rule of law itself. Therefore,though the road of reformmay be hard and tortuous,we have no choice but to charge ahead. Judicial reformis a long-term task,not a single action that is clearly defined. The Chinesesociety is developing and changing. So the judicial system that is charged with theresponsibility of maintaining social justice must be well adapted to the developments and changes. Globally speaking,judicial reforms are being carried outincountries with systems of separation of powers as well as in countries where parliaments are vested with supreme power. As motivations for such reforms varyfrom country to country,so do their goals. For example,judicial reforms in manycountries where the rule of law is fairly mature are often technical and functional in nature,such as streamlining complicated judicial procedures,or expanding the scope of dispute settlement by means other than lawsuits so as to solve the classic problems of high cost and backlog of lawsuits. In developing countries,the advocacy and goals of judicial reform are directed more towards institutional development aimed at ensuringjudicial independence and preventing judicial corruption.

Compared to judicial reforms in other countries,what is taking place in China has its own special characteristics in that the depth and breadth of this reform are beyond comparison with any judicial reform carried out by any countryin the world. In terms of its depth,what China is trying to do is to reform ajudicial system that was designed based on a planned economy under which the executive power was the supreme power,and turn it into a modernized judicial system that is suited to the socialist market economy at home and at the same time linked to international rules and norms. In terms of its breadth,the judicial reform in China is comprehensive,encompassing reforms of systemic as well as technical and cultural dimensions. Such ambitious goals have predetermined the level of difficulty of such reform. Therefore,when evaluating the achievements andpromoting the progress of judicial reform,we must proceed from the basic ideaof governing the country according to law and building a socialist rule-of-lawcountry,take into consideration the characteristics of China at a time of socialtransition,and appreciate the issue of judicial reform in the context of political structural reform.

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