State Council Issues a White Paper on China's Judicial System and Reform

[author: James Zimmerman]

On October 9, 2012, the State Council’s Information Office released a white paper on China’s Judicial System and Reform Process. The report reviews China's judicial system and reform process, and emphasizes the need for judicial institutions to maintain social justice, to improve judicial proceedings and supervision. The white paper also emphasizes the need to respect and protect human rights, and highlights that effective measures continue to be implemented to deter and prohibit confessions through torture, to better protect the rights of criminal suspects and defendants, and to protect the rights of attorneys in the course of performing their professional duties.

By the end of 2011, China had more than 3,600 legal assistance agencies, 14,000 full-time legal assistance personnel, 215,000 lawyers and 73,000 community-level legal services personnel. From 2006-2011 lawyers provided defense in 2.4 million criminal cases, which is an increase of 54% over the time period of 2001-2005. While the white paper generally mentions the need for the courts and prosecutorial institutions to exercise their authority “fairly and independently”, the goal of reform is to establish a "just, effective and authoritative socialist judicial system with Chinese characteristics”; hence, China’s version of judicial independence will still ensure that politics will continue to play a role.

Please click here for an English version of the Judicial Reform white paper.


Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sheppard Mullin Richter & Hampton LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.