China Democracy Party advocates a three-tier justice system during political transition period. The local judiciary system should be independent while the Central judiciary system may not be independent right away, which makes it a semi-independent judiciary system. The three-tier justice system include Central Circuit Court, Local Supreme Court and District Court. All levels of court, Judges, legal assistants, execution power and safety guard only carries responsibility from the Central Supreme Court Grand Jury Committee. The Grand Juries only carries responsibilities from head leader of Central Government, not any local political or governmental leaders. The nomination and promotion of Judges, and the Judges' benefits are administrated by the organization specially assigned by the Central Supreme Court Grand Jury Committee. The courts' management and administration issue, protection and execution of court order are carried out by agencies appointed by Central Supreme Court Grand Jury Committee.
Currently, China's millions of Party and Government officials have the ability to intervene and interfere with the judiciary at any levels, creating a tremendous amount of corruption in the judiciary system, and many cases of judicial injustice. Nowadays, tens of millions of people petition at all levels of government seeking justice. Since the highest level of Central Government officials have little direct conflict of interests with ordinary people, they have least opportunity to directly intervene the justice system. While any local Party or Governmental leaders have no right to interfere with justice. With semi-independent judicial system, it will be difficult for them to intervene in the judiciary for personal purpose.
Some cases should adopt Judge-Jury trial, for example, major and important cases, cases with great discrepancy, complaints of misconduct of justice system, complaints of improper application of the law, or socially influential cases. The Supreme Court may select sufficient number of mobile Judges according to the needs. In order to make the trial just, the Jury should be made of Judges from different regions, don't know each other, and in segregated from outside during the trial. Small claims court should be established for local civil dispute and administrative issues. Those who want to dispute any type of administrative decision should go through the Small Claims Court.
If fairness and justice can be achieved in the Court, then a large number of petitioners no longer have to seek justice from government officials, but they will turn to the Judge instead. Although a Semi-independent is not supposed to solve all the problems during political transition period, it can solve the vast majority of problems of officials' intervention in judicial system, judicial corruption and judicial injustice, and establish a solid and stable foundation for the completely independent judicial system in the future.
Chairman of China Democracy Party
It was published on World Journal on Aug.27, 2008.