China’s leaders hint at bowing to rule of law as part of reforms

CHINESE experts are divided on whether President Xi Jinping will deliver on a vow to ensure the nation moves to a rule of law.

CHINESE legal experts are divided as to whether President Xi Jinping will deliver on his new promise to ensure the nation moves towards the rule of law, as part of reforms proposed under his administration.

The Fourth Plenum, the Communist Party’s major political planning session held every five years, will next month meet in Beijing and authorities have indicated the rule of law will be the major focus for the nation’s top leaders.

Mr Xi last week said it was vital that his administration moved towards “governing the country according to law on every front”, which was seen as a key indication that a uniform rule of law could be considered.

The potential implementation of the rule of law would be a major policy shift for Mr Xi, who has also promised greater political reform will be delivered during his leadership.

Legal experts have campaigned for the Chinese government to order judicial reform to make court cases more transparent and less likely to be corrupted.

Under the current system, judges are hand-picked by the government and the outcome of trials is usually negotiated before the case is heard. The majority of judicial sentences are appealed but appellant courts in China rarely reduce penalties.

An editorial on Xinhua, the official Chinese news agency, said implementing the rule of law was vital as China’s economy was now one of the fastest-growing in the world. “It was agreed that the rule of law is a must if the country will attain economic growth, clean government, culture prosperity, social justice and sound environment, and realise the strategic objective of peaceful development,” Xinhua said.

The plenary announcement coincided with one of China’s former top political leaders being put under investigation for corruption. Zhou Yongkang, who was a member of the Politburo’s Standing Committee until 2012, is being investigated for official wrongdoing during his time as the managing director of the China National Petroleum Corporation.

Many observers believe the manner in which Mr Zhou, 71, is prosecuted could be a blueprint for future law reform in China.

China University of Political Science and Law professor He Bing said it was a positive step that progress towards the rule of law was coinciding with the high-profile Zhou case.

“In the 10 years of Zhou’s reign, the judiciary in China saw serious retrogression take place,” he told The Australian.

“Human rights violations and political and legal instability is something that cannot be overlooked. The central authorities seem to have seized the chance to emphasise the potential of a rule of law and that is a smart and accurate move.”

However, East China University of Political Science and Law professor Zhang Xuezhong said it was unlikely major law reform would result out of the Fourth Plenum.

Additional reporting: Wang Yuanyuan.