Court official: Western-style judiciary not right for China

16:56, March 10, 2011      

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China should not copy the West and practice the separation of powers style judicial independence, said Shen Deyong, executive vice president of the Supreme People's Court, during an online chat with netizens through People's Daily Online on March 9.

Shen said that the Western separation of powers is not suitable for China.

First, China does not have the economic base for separation of powers. China's predominant ownership relationship with public ownership dictates that fundamental interests between workers are consistent, and that there is no profound interest conflict between workers like there is between private owners in a capitalist society. Therefore, in regard to China’s national political forms and partisan system, it is not necessary to artificially divide them into different political opponents that represent different interests.

Second, China does not have historical prerequisites for implementing the system of separation of powers. The people's congress system of China and the system of multi-party cooperation and political consultation led by the Communist Party of China (CPC) are products obtained by the people after long years of revolutionary struggle under the Party's leadership as well as a historical choice of the people.

Abandoning these effective political systems to implement the political system of separation of powers will certainly shake the foundation of China’s socialist democratic political system as well as the Chinese people's political status of being the masters of their country.

Third, the democratic road in modern society can take on many forms and is not limited to separation of powers.

China’s people's congress system not only reflects the people's broad democracy but also ensures the unity of both the people’s will and state power, so as to guarantee the efficiency of decision-making. This system makes the people real masters of their nation and the society, representing an advanced political system of contemporary society.

Shen said it has been fully proved by both the past and the present that in China, the People's Court must adhere to the leadership of the CPC, follow the supervision of the National People's Congress, stick to the socialist judicial system with Chinese characteristics and exercise the judicial power independently and impartially according to law.

By People's Daily Online
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