Year: at the fifth session of the 9th CPPCC National Committee held in 2002

Proposal No: 0799

Proposer: The Central Committee of the Revolutionary Committee of the Chinese Kuomintang

Content: 

1. Judiciary authorities need to excise independent jurisdiction. The relation between judiciary organizations and administrative institutions, and between courts and legislative institutes, should be clarified. Judiciary authorities are led by the Communist Party of China, which is in accordance with the Constitution and the country's condition. 

2. After the court gives its ruling, the judiciary organs should take charge to execute it. 

3. The administrative management system of judiciary bodies should be reformed to shake of the trend towards administration, and ensure independent work of judges. The presiding judge should be responsible for his case. We should give the supreme position to law, and realize step by step the goal that judges do their duty based on law independently. We should also establish a management system to deal with cases. The collegiate bench should also exercise power independently to improve efficiency. The court clerk system should be reformed. We should build a court assistant system with a reasonable proportion of judges and assistants to improve judgment efficiency. 

4. We propose to tighten recruitment, social security and punishment of judges to ensure judicial justice. Judges are not ordinary people. They should be elites of society. 

5. Open trial systems should be improved. Except for cases in which open trails are not allowed based on law, almost all courts have had open trials. But the witness should receive inquiries from both parties, to make sure that all parties involved in the case have equal chances to respond to the evidence and the argument of the other side.