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Independent Courts Needed
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An independent court is key to maintaining justice and restoring public trust, says an editorial in Nanfang Metropolis News. An excerpt follows:

Xiao Yang, president of the Supreme People's Court, urged all the nation's judges to follow the law with wisdom and prudence. Xiao reminded the judges that they should give proper verdicts according to the law without being influenced by public opinion or media coverage.

In recent years, more media report lawsuits before cases are concluded. Some journalists use "murderer" or "grafter" to describe the suspects while the trail is still under way.

A typical case can be found in Henan Province where a drunken police officer fled the scene of a hit-and-run accident where he killed a pedestrian. The media staged such a campaign of condemnation that the judge sentenced the officer to capital punishment to calm public anger.

Such a verdict will probably be overruled by the court of appeals under a mature legal system, for it is unjust to all concerned parties when the court is unduly influenced.

It is a common practice in many countries to bar the news media from any coverage that may create any pressure on the judge or jury.

The public and the media seem pessimistic about the independence and fairness of the court. They believe that "supervision" from the media and the public would help guarantee an impartial verdict. Such belief places the court, the public and the media in an awkward situation.

Only after the judiciary undergoes a thorough reform and becomes truly independent from the administration can it gain public trust for fair judgment and its own authoritativeness.

(China Daily June 19, 2007)

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