Commentary
The real test may come after the leaders leave the room.
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Sheena Chestnut Greitens, Oriana Skylar Mastro, Yukon Huang, …
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REQUIRED IMAGE
Press Release
Press Release: China Should Accelerate Judicial Reform Process to Meet WTO Commitments
On the third anniversary of China’s accession to the World Trade Organization (WTO), Carnegie Endowment Associate Veron Hung argues that, while China has made impressive progress honoring its legal reform obligations, significant work remains to foster judicial independence.
Published on Dec 8, 2004
FOR IMMEDIATE RELEASE: 12/06/04
CONTACT: Cara Santos Pianesi, 202/939-2211, csantos@CarnegieEndowment.org
On the third anniversary of China’s accession to the World Trade Organization (WTO), Carnegie Endowment Associate Veron Hung argues that, while China has made impressive progress honoring its legal reform obligations, significant work remains to foster judicial independence. Moreover, China’s WTO commitment to establish an independent judicial review system should be a catalyst for broader legal and political reforms to root the rule of law more firmly in Chinese society. Hung’s article, "China’s WTO Commitment on Independent Judicial Review: Impact on Legal and Political Reform," was published by the American Journal of Comparative Law and is accessible at www.CarnegieEndowment.org/china.
Upon WTO accession, China committed to establish an independent judicial review system. Yet, Hung’s extensive empirical evidence shows that interference from government officials and communist party cadres, undue influence from senior judges, and bribery continue to weaken China’s courts. Beijing has taken positive measures to combat bribery, bolster judicial competency, and improve WTO-related legislation, but weaknesses exist in, for example, judicial training programs and Chinese legal rules on anti-dumping and countervailing.
Hung concludes that China’s current reform efforts cannot eliminate the fundamental obstacles to an independent judicial review system. The real solution is to deprive local governments and communist party groups of their power over personnel and finances of local courts. This solution, in turn, hinges on political reform.
Since China joined the WTO, favorable circumstances inside and outside the country have emerged to facilitate some political reform that would impact positively on China’s judiciary. These include greater WTO scrutiny and internal pressure for change as China’s governance crisis mounts.
"China’s WTO commitment to independent judicial review offers an unprecedented opportunity to accelerate the process for reforming the relationships among courts, local governments, and the Chinese Communist Party," Hung said. The international community can help by sharing relevant experiences and financially supporting China’s reform efforts, she adds.
Veron Hung is an associate in the China Program of the Carnegie Endowment for International Peace.
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