Before the 1980s, the Chinese people had to suffer from innumerable daily inconveniences. From seeing a doctor or receiving an education to getting a haircut or having a telephone installed, these were difficult to access to most Chinese. Today, these problems have largely been eradicated.

　　However, there are broader social problems that remain. Take the legal system for instance. Yes, people often complain “going to court means trouble” or that neither filing nor appealing a lawsuit is easy. This is true anywhere. More gravely, though, unfair trials and ineffective law enforcement are a regular phenomenon here, which puts plaintiffs in a discomfited predicament. Everyone recoils from the thought of going to court, and too many in China choose to swallow their grievances or resort to illegal means to obtain remedy for injured rights. It is no wonder, therefore, that appeals for judicial reform have reached a crescendo in recent years.

　　The present judicial system, which took shape under the planned economy, can hardly meet the demands of a market economy. As the country integrates with the international community, there is an eager hope that the conflicts between the emerging interest groups in this transitioning society can be arbitrated through an effective judiciary.

　　Judicial reform has been forging ahead for years. The Law on Procurators and the Law on Judges have both been revised, in an effort to bring professionalism to the legal sector. A national examination scheme has been instituted, which includes an accreditation system for aspiring law practitioners. These changes have pushed reform regarding selecting, promoting, demoting, reprimanding and retiring attorneys and judges.

　　Still, reform has not gone far enough. Judicial restructuring is key, because defects in the present justice system have bred local protectionism and corruption.

　　Specifically, the judicial system is intertwined with government administration at all levels. For example, governments at the corresponding level pay all judicial expenditures and fees. In this way, legal professionals are subordinate to local officials. This is a systemic problem. Judicial bodies must be unhandcuffed from government intervention.

　　Procedure laws are essential to guarantee the rights of both parties in a suit. In this country, however, a profound negligence of such procedures has been fostered. It is imperative that civil, criminal and administrative procedure laws be revised.

　　The Constitution explicitly provides that the courts and practitioners of law exercise their power independently. In reality, however, this has yet to be achieved. Judicial reform should strive for the principles of independence and transparency as inscribed in the nation’s basic charter. Only in this way can litigations be handled free from government intervention and be open to public scrutiny.

　　Public opinion, expert advice in particular, should be taken into consideration for this momentous task. The participation of the common people, while allowing experts to put forward a system that is consistent with modern judicial philosophy, is essential to the establishment of a judicial system in which the people believe and for whom it works.

　　By LI JIANGUO