Majesty of the Law Must Outweigh Public Dissent

Guangdong-based Nanfengchuang magazine (NFC) spoke with Ge Hongyi (Ge), dean of Law School at South China University of Technology, on the rule of law in China. From the Global Times:

NFC: Law enforcement officials seem to be suffering from many pressures at the moment. Why?

Ge: The higher authorities demanded that law enforcement officials handle cases in accordance with the law at all times. But now they are being told it is not enough. Besides the law, they should also take the political and social effects into consideration when handling a case, trying to avoid mass incidents or petition after the case is decided.

So judges are not only responsible for a fair judgment, but also for a stable society. Under such condition, the physical and mental burdens on law enforcement officials are certainly increased.

There should be only one standard for judges, as well as for prosecutors, lawyers and police. If they are asked to consider too much, they will feel lost. Unfortunately, the situation at the moment is that more than one standard weighs on law enforcement officials.

Some people insist on advancing judicial reform on the basis of working in strict accordance with the law, while some hold the opinion that handling cases should not solely depend on the law, but needs to pay more attention on satisfying the parties involved. Controversy on the issue obscures the standards of handling cases and also slows judicial reform.

July 3, 2010 1:20 PM
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Categories: Law, Politics