China mulls amending Criminal Procedure Law to qualify for UN human rights convention

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."

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 signed two international conventions on human rights, or the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, in 1997 and 1998. The former was adopted by the Standing Committee of the National People's Congress (NPC), China's top legislature, in 2001 after China entered the World Trade Organization.

The latter, with a major part concerning criminal procedure law such as international standards on fair trial and review of death sentences, remains to be adopted by the Chinese legislature, as China's Criminal Procedure Law has certain articles not in line with the Covenant.

"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.

The law, of a transitional nature during China's rapid socioeconomic transformation, should be amended for promoting judicial reform and justice, said Long.

"The reform is a process. It should be carried out step by step and at stages to build up a modern litigation system," Long added.

Source: Xinhua