Law Essay: The Legal System And Economic Law In China

The Legal System And Economic Law In China
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The Legal System And Economic Law In China
Question 2
Challenges Of Being A Judge In China
It is almost impossible for a judge in china to remain impartial since there is an insufficient commitment to a judicial culture influenced by the rule of law. According to the Chinese government structure, the judiciary is normally subordinated to political and executive authority. The Chinese government relies on its unity of power to solidify its ultimate control over every citizen (Lecture 2, n.d.). Therefore, even judges are answerable to politicians and subject to political influence, the effects of such a tradition extending to the core of judicial decision making. In China, judges have a responsibility to ensure that their decisions are politically correct. For instance, if a high-ranking politician is taken to court, the charges will not hold because he or she has influence over judicial decision making. Therefore, judges in the country do not have the autonomy to make their own decisions by relying on evidence, witness accounts, and other factors.
Judges in China have a duty to promote the interests of the government, especially where major cases are opened. Judges are considered agents of central power, and it is inconceivable for judges in the country to make decisions that are at odds with the official political position. Judges face challenges because some actors offset political influence using bribery and corruption, which makes it even harder for judges to do their duties without interruption (Lecture 2, n.d.). For instance, if two companies are engaged in a legal dispute, they seek support from politicians and might have to bribe some of them to act on their behalf. Therefore, the confidence of the courts in china is lacking due to political influence.
Courts in China are prevented from conducting official duties without any interruptions because of insufficient material support for the judiciary and institutional independence. Meaningful judicial independence requires careful consideration of the effects of administrative structures involved in overseeing the judiciary. All courts in china depend on budget allocation from entities in central and local government (Lecture 2, n.d.). Therefore, it is possible to affect how courts perform. For instance, if the government wants to reduce the number of cases that a court can handle, it reduces budgetary allocated funds. Without institutional independence of Chinese courts, impartiality cannot be achieved. Such issues lead to a lack of professionalism among judges and a lack of financial backing to raise judges' salaries.
Reforms For Judicial Independence
Judicial reforms in china would make judges more independent, and political influence would be a non-issue. Reforms would empower judges to make an independent judgment without any political repercussions. The reforms would make trials more transparent because all parties involved in the case would not seek political favor (Lecture 2, n.d.). As such, they would only rely on the judges' decision, which is not dependent on any governmental influence. For instance, when two politicians take each other to court, their political standing would be a...