One Step Forward for Rule of Law in China
Although the traditional development model for the Third World still calls for making lots of money freely available for dictators and repressive governments, most rational people know that what is truly necessary is building a culture of rule of law and attendant institutions.
So the news from China about the potential improvement in legal structure is very positive (hat tip: Asia Observer):
China is considering revising its Criminal Procedure Law to pave way for entering the United Nations civil and political rights convention, a gesture hailed by a law expert in Beijing on Wednesday as "one more step towards judicial justice."Although I am skeptical of the so-called "peaceful rise" claim put forth by Chinese leaders, I am at times optimistic that China may become more than an authoritarian quasi-capitalist state (something like a super Singapore).Long Zongzhi, a law professor with China's Southwest University of Political Science and Law, said that China has laid a basis for approving the International Covenant on Civil and Political Rights by putting the amendment of the Criminal Procedure Law high on its agenda...
"China's ratification of the two conventions would mean it further opens up economically and socially and respects basic law norms concerning human rights in the judicial field set up by the UN, and lists them as standards for domestic judicial practices," said Long.
The proposal to amend China's Criminal Procedure Law was adopted by the NPC last year, which plans to initiate the revision process this year or next year.
According to Long, several problems related to the law and its implementation need to be addressed, such as further adjustment of the basic structure of litigation, strengthening judicial restraint and human rights protection, reforming the trial mode and modifying procedures for investigation, prosecution and court trial.
Before we all get excited about a democratic China, however, we should bear in mind that merely having the right laws and institutions do not suffice. After all, the Chinese constitution guarantees its citizens freedom of speech, assembly and religion. Somehow I think that adherent of the Falun Gong movement would take issue with the Chinese government interpretation of that document.
China still has long ways to go, but this is a step in the right direction.