Week 7-2 Legal System (2)

Week 7-2 Legal System (2) - them to take...

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Problems A. Party Control over the Judicial System The judiciary is not independent. Party and government officials treat the judiciary as an administrative body. B. Not for the Protection of Human Rights Rule of law continues to be called for, but it does not include the concept of liberal democracy and civil and political rights. C. Decentralization Due to decentralization reforms, local officials often corrupt and protective of local interests are often able to impede fair judgments. Local governments control the establishment, funding, and personnel of judicial organs, allowing them to interfere with judicial procedures.
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Problems D. Lawyers’ Poor Quality Judges receive no special training, and there is no examination for
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Unformatted text preview: them to take. On-the-job-experience is considered important. • In 1995, only 5% of the PRC’s judges had a four-year college degree of any sort. • By 2002, only 10% of judges had college degrees in law. • Non-legally trained judges include demobilized soldiers, former clerks, and even taxi drivers. • Judges’ salaries and social status is quite low. E. The Lack of Basic Elements of the Judicial System • Basic elements like the presumption of innocence for the accused are not well established, and decisions are made much more quickly and with fewer opportunities for review....
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This note was uploaded on 03/10/2011 for the course POLC 3020 taught by Professor Kim during the Fall '10 term at Tulane.

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Week 7-2 Legal System (2) - them to take...

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