Judicial Reforms in China: A Lesson for Cambodia

Introduction

Judicial Reform involves many aspects of the legal system. It includes the changes in the legal policies surrounding the inner workings of the judiciary. Specifically, it entails reforms such as the improving the management of the judicial personnel and judicial accountability and enhancing access to justice by the people. Cambodia can draw many lessons from China due to the numerous and diverse judicial reforms the latter experienced during her growth. Judicial Reforms have taken centre stage in the Chinese legal system especially after the Supreme People's Court published the Outline of Five-year reform in 1999 because the document principally set out the blueprint for judicial changes in the Country

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In 2003, SPC President Xiao Yang claimed that most of the tasks laid out in the Court's reform plan had been completed (Gechlik, 2005). Through its efforts in judicial reforms, China has achieved a lot. The successes include but not limited to an increase in the number of judicial officers, adherence to the open trial policy, and the criterion for professional qualifications of judges. In Cambodia, after three decades of civil war and strife embarked on a program of national reconstruction that started in 1993 all through to date. The program included the rehabilitation of their judicial systems. The first phase of judicial reforms in Cambodia was between 2003-2005. The Royal Government of Cambodia (RGC) developed two main documents for legal and judicial reforms. They comprise of the Legal and Judicial Reform Strategy and the Plan for the implementation. The strategy outlined several objectives and priority actions which this paper discusses. In the second phase of the program, the National Strategic Development Plan 2014-2018 the RGC remains committed in the journey towards judicial reforms. This essay analyses the progress made in China's thrust for judicial reforms vis-a-vis the improvements needed in the Cambodian legal system.

To begin with, in one of the fronts in judicial reforms, China has reformed its legal framework drastically with the Constitution as its core and private, public and social laws as its backbone. Over 300 legislations and law-related decisions by the Constitution have been passed by the National People's Congress and its Standing Committee. Further, the State Council adopted local legislature has made over 700 administrative regulations and about 6,000 local regulations in the past 20 years of its journey towards judicial reforms (Junhai, 1999). In addition to local legislation China has ratified numerous International Conventions which include 17 international human rights conventions.

The issue of personnel is a huge concern when it comes to judicial reforms due to the need to handle cases in a fast and timely manner. There is need to have as many numbers of people working in the judiciary as possible. In another front, China's judicial system, which applies and enforces the law, is comprised of some 3,631 people's courts at four levels corresponding to the political structure, with the Supreme People's Court (SPC) at the apex, and staffed by roughly 200,000 judges. It also includes the 160,000-member procures that prosecutes cases and the public security apparatus, China's police (Horsley, 2010).

Cambodia faces a massive challenge in its efforts for judicial reform due to inadequate personnel. This means Cambodia faces a vast shortage of judges, prosecutors, court clerks, and administrative officials at the Ministry of Justice and municipal and provincial courts (The National Assembly Commission 6 on Legislation and Justice, 2016). In Cambodia, there is a need to increase both the number and capacity of judges and prosecutors, particularly in rural areas. There are only 264 judges in Cambodia amounting to 1.76 per 100,000 inhabitants.31 Compared to France and Germany with 8.45 and 4.46 per 100,000 inhabitants respectively. Also, judges are normally based in Phnom Penh. The inadequate number of judges can result in procedural delays for hearing and concluding of the cases. Therefore, increasing the number of judges and judicial officers is essential, especially in rural areas. The establishment of the Royal Academy for Judicial Profession and the Lawyer Training Center to recruit and train young Cambodians for the positions of judges, prosecutors and lawyers is an essential step in the right direction (The National Assembly Commission 6 on Legislation and Justice, 2016).

In China, courts are supposed to exercise their adjudicatory power independently, in principle through open trials and free from interference. To this effect even though judges are appointed by the National People's Congress including the President of the Supreme People's Court is elected subject to recall. Judges and judicial officers are selected on merit basis and are required to have professional qualifications. To become a judge there is a particular requirement of being a degree holder and having the necessary work experiences (Weidong). The problem of corrupt judges in Cambodian Courts can be cured through such reforms where judges are only appointed on merit basis where they are appointed on recall basis with the necessary professional and experience qualifications.

China's judicial reform has also seen the full implementation of the case filing registration and review system which took effect in 2015. This has also been accompanied by the construction of the SPC's circuit courts in its major cities to handle significant cross-regional administrative, civil and commercial cases (The Supreme People's Court of the People's Republic of China, 2015). Limitation of data availability related to the justice sector has affected justice

The report made by The National Assembly Commission 6 on Legislation and Justice, they suggest that for reforms to take full effect in Cambodia, a database should be established to track court information. The database is essential in maintaining the number of cases filed, concluded and the average duration for the conclusion. To comprehensively develop this database, the RGC, and especially the Ministry of Justice can work with donor agencies and non-governmental organizations (The National Assembly Commission 6 on Legislation and Justice, 2016).

China has also seen the establishment of Intellectual Property Courts to strengthen the judicial protection of intellectual property rights. This was under the decision of the standing committee of the NPC. This is a move to enhance greater access to justice and better handling of intellectual property cases which could otherwise be dealt in an unprofessional way by the regular courts. It is also a move to add the number of judges in the judicial system and thus creating a higher network of legal officers. Cambodia should seek to implement these advancements and establish specialized courts that handle specific matters like intellectual property rights cases.

Conclusion

In conclusion, China has over the decades experienced significant milestones in the implementation of judicial reforms. China has continuously and without tire explored new fronts in its thrust for changes in the judicial systems. China has embarked on creating master plans and strategies and through the effective implementation of this plans and policy; it has been able to achieve a lot regarding legal and judicial reforms. Form the establishment of specialized courts to modern and technological methods of handling cases and the expansion of the judicial personnel China has a lot to be desired and great lessons for countries that are in need of judicial reforms like Cambodia. Like China, Cambodia has also developed plans and strategies for changes and has, in any case, had numerous successes in this journey. However, seeing that much has not been achieved as in comparison with China, Cambodia should seek to emulate China.

References

GECHLIK, M. Y. (2005). JUDICIAL REFORM IN CHINA: LESSONS FROM SHANGHAI . COLUMBIA JOURNAL OF ASIAN LAW, 98-137.

Horsley, J. P. (2010). The Rule of Law: Pushing the Limits of Party Rule. In J. Fewsmith, China Today, China Tomorrow: Domestic Politics, Economy and Society. Rowman & Littlefield Publishers.

Junhai, L. (1999). Legal Reforms in China. Zentrum fur Entwicklungsforschung (ZEF) Center for Development Research.

The National Assembly Commission 6 on Legislation and Justice. (2016). Legal and Judicial Reform in Cambodia. Parliamentary Institute of Cambodia.

The Supreme People's Court of The People's Republic of China. (2015). Progress of China's Judicial Reform in 2015. Retrieved from The Supreme People's Court of The People's Republic of China: http://www.english.court.gov.cn/2016-03-21/content_23999270.htm

Weidong, j. (n.d.). Judicial Reform In China and Its Implications .