Jiangxi Party Authorities Support Judicial Independence, but Under Party Control

May 16, 2006

The Jiangxi Provincial Party Committee has issued a "Decision on Strengthening the Work of Courts and Procuratorates," according to a January 17 article appearing on the China Court Web site. The Decision calls on Party officials to support a degree of judicial independence, but to continue the Party's control over the selection of top personnel in each court.

The Jiangxi Provincial Party Committee has issued a "Decision on Strengthening the Work of Courts and Procuratorates," according to a January 17 article appearing on the China Court Web site. The Decision calls on Party officials to support a degree of judicial independence, but to continue the Party's control over the selection of top personnel in each court.

The Decision calls on local Party committees to protect independent judicial decisionmaking and guard against local protectionism. It also warns local Party committees against organizing court personnel to support activities to attract investment in the local economy, and requiring them to participate in campaigns to enforce government decisions.

In addition, the Decision emphasizes the need to strengthen the "dual management" aspect of selecting top court officials. Under the Decision, provincial high people's courts and Communist Party political-legal committees choose the presidents of intermediate people's courts (IPCs) from a list of eligible candidates. These bodies must first consult, however, with the local Party committee of the administrative area where the IPC is located. Similar procedures govern the selection of basic level people's courts, and similar consultations between local Party committees and higher level courts must precede the selection of court vice presidents.