Blog di discussione su problemi di relazioni e politica internazionale; un osservatorio per capire la direzione del mondo. Blog for discussion on problems of relations and international politics; an observatory to understand the direction of the world.
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lunedì 20 ottobre 2014
China considers it essential to the reform of the justice
The problem of justice, even in a state far from democratic, such as China plays a very strong impact with consequences on society, investors and thus on the economy, which inevitably affect the stability of a totalitarian system, but subject to increasing pressures capable of endangering the plans laid down by the central body. Just to regulate these issues top leaders of the Communist Party of China have to face and think about solutions to issues that can strengthen the leading role of the party and its legitimacy, at a time of contrasts from all quarters. The goal is to provide the Chinese company, although always within the framework of a single party, a legal system that must become fairer and also have a certain degree of independence necessary to ensure the fairness of the trial. The task is not easy: the country of China, while it is now in effect the second-largest economy, is plagued by endemic corruption, which is a huge economic and social cost, due to the large distances Chinese, who encourage, by means of a peripheral organization of power outdated, local potentates able to escape the control panel. Moreover, the great inequality between the industrial and agricultural country is a further element of difficulty for the central legislature. This loopholes in the system, which resist despite increasingly tight control, are the cause to be deleted too in order to reform a judicial system subjected to a local politician. The need to establish a state of law, albeit within the confines imposed by the existence of a single political party official, is now a problem that needs a solution not be put off, for the needs of a country that must not only attract foreign investment on its territory, but must be able to present the foreign market with a guarantee of the right, especially the civil essential for the regulation of economic activity. In China's judicial system should be recalled that the Party is the supreme authority which, in fact, promulgates the law; in this absolute system should not be room for alternatives and in the public's best if these alternatives are identified as those responsible for corruption. Through the strengthening of the central power, however, it may be hoped that measures are introduced that include greater legal certainty through the transparency of the judicial process, including in the field of human rights. The powers conferred on the special forces, which exceed those of the courts, exercised repressive methods without any legal guarantee it exercised in legal framework precise. These are procedures that take place outside the legal process and constitute a parallel form, but above of justice, based on political judgment and set aside for 85 million belonging to the Communist Party, which are often subject to arbitrary assessments about compliance with Regulation of discipline. The suspects were imprisoned without trial, sometimes without actual charges and are almost certainly subject to torture, in addition to being deprived of legal assistance and contact with family members. Only after the accused are under the jurisdiction of the ordinary courts. However, this procedure seems there is substantial variation to be expected, given the exclusive control that guarantees on the apparatus, both from the point of view of the fight against corruption, the repression of dissent. What seems more likely is a reform that would limit the power of appointment of judges of the authorities devices, in order to avoid a too heavy-handed control of the judgments; in other contexts such decentralization could represent a guarantee of greater equity, but positioned in present-day China, Beijing needs to practice a centralization that knows how to balance the inefficiencies of the system, also because of the large volume of petitions arriving in the capital for complain about the failure of local justice. The reform seems to be directed in step of appointing judges by the municipal authorities in those provinces, resulting in a rationalization of bureaucratic structure, another weakness of the Chinese state in its issue of corruption, which finds fertile ground thanks to the gigantic size of the 'Chinese bureaucracy.
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