HOU Xinyi, Dean of Nankai University Law School Recommends a Lifetime Judicial Appointment System to Ensure Neutrality

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HOU Xinyi, Dean of Nankai University Law School Recommends a Lifetime Judicial Appointment System to Ensure Neutrality

【来于:2013年3月13日 Southern Metropolis Daily

Judges independently handling cases could very well be removed from their position; I suggest declaring a lifetime judicial appointment system, ensuring judges' neutrality.

——— 侯欣一

南都讯 特派记者王殿学 孙天明 实习生窦菲涛发自北京

National People's Congress Representative and President of the Beijing High Court, MU Ping, yesterday said that he suggests reforms to court organization, increasing professional security for judges. Moreover, National Committee of the Chinese People's Political Consultative Conference member and Dean of Nankai University Law School, HOU Xinyi 'Suggested, that to guarantee judges' neutrality a lifetime judicial appointment system; so long as judges do not commit a crime, nobody may transfer or demote them.

MU Ping feels that the Court Organizational Law's provisions on the internal structuring no longer accord with objective reality. Recently, courts at all levels have made a wide range of internal organizational reforms, and there are already large divergences from the Court Organizational Law, such as abolishing the economic judgments court. Successful judicial reforms must be done clearly through legislation. As to reform of court personnel management systems, items such as the selection of judges and admittance to each level of the judicial profession should be improved to ensure judges performance of their duties in accordance with law.

At this year's Twin Conferences, Supreme People's Court president Wang Shenjun's report emphasized strengthening judicial independence. More than a few court personnel have expressed that the reason courts and judges have lacked adequate independence for so long is that local governments control their human resources funding. China University of Political Science and Law Vice-Dean Ma Huaide said that the current judicial appointment system doesn't fully ensure judge's personal professionalization and doesn't provide full security in their professional duties. Looking from other countries' judicial management systems, judges aren't suited to being divided into different grades; judges at every level are, strictly speaking, equal.

 

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