Making judiciary more efficient

An independent judiciary is representative of the rule of law and guarantees that the legal system functions efficiently. The Decisions on Major Issues Concerning Comprehensively Deepening Reforms, issued by the Third Plenary Session of the 18th Communist Party of China Central Committee, lists "ensuring independently and fairly exercising judicial and procuratorial power according to law" as one of the goals of the reforms, reflecting the importance the authorities attach to judicial independence.

Theoretically, judicial independence means external as well as internal independence. External independence means that judicature is independent of legislative authorities, administrative organs and other external bodies. Internal independence means exercise of jurisdiction and procuratorial powers independently according to law.

But in practical terms, such independence is often compromised by external and internal administrative intervention.

Since judicial autholawrities' career, finance and resource distribution are to a large extent dependent on external administrative bodies, the latter's intervention can restrict judicial bodies' organizational independence.

In China, the appointment and removal of judges and procurators are determined by the people's congress at the corresponding level. And since the people's congress has the right to supervise courts' and procuratorates' work, it may sometimes intervene in the trial of specific cases. Judges and procurators could also be influenced by the Party committee and government at the corresponding level (sometimes even superior judicial authorities). What's more, judges and procurators are part of the civil service, which means they come under the purview of the civil administration's management.

Besides, corresponding-level governments can decide and manage judicial authorities' financial budgets. This lack of financial independence could make judicial authorities vulnerable to the pursuit of money and not only undermine their organizational independence, but also impede their neutrality at work.

Also, court and procuratorate officials' facilities, housing allotment, salaries and welfare are managed by local governments.

Moreover, local judicial jurisdiction and local administrative jurisdiction overlap leading to external administrative intervention in the judicial system, which has created many problems. For example, regional judicial protectionism has resulted in the so-called hometown justice. Judicial authorities become the tools of local governments, with some local authorities even declaring that judicial authorities should "escort local economic development". In many cases, judicial authorities are directly or indirectly controlled by the local Party committee, people's congress and government.