Abstract
A well functioning legal system shall provide speedy redressal to the parties and easy accessibility of justice to the general public. However, court delay has been an obstacle of the judiciary in developing countries. Legislatures and judicial systems in developing countries still lack the autonomy, stature, resources and competence needed to carry out all of their constitutional functions fully. Courts are overburdened and their proceedings, both criminal and civil, are routinely delayed for years. Judges are, for the most part, poorly trained and low paid, and the courts lack the funding to conduct investigations and administer justice effectively. Furthermore, judicial decisions are heavily influenced by political considerations, intimidation, or outright corruption. Therefore, if the judiciary is to provide the impartiality and efficiency necessary for public trust, a well-defined reform program needs to address the main problems affecting the current quality of and causing constant deterioration to court services. The reform should be a permanent commitment to implement a program to change the inefficient system Moreover, the reform shall not only deal with the symptoms of an inefficient judicial system but also to address the political, economic, and legal roots of an inefficient and inequitable judiciary.
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References
Buscaglia, Edgardo, Law and Economics of Development, Encyclopedia of Law and Economics, Vol. II, de Geest and B. Boukkaert (eds.), 1999, pp. 585–586; Also see homepage (http://encyclo.findlaw.com/).
Supra note 392.
In an interview with judge Wang, Yan Bin of the Supreme People’s Court. Also see Wang, Li Wen and Wang, Yan Bin, Understanding and Application of Regulation on Strict Implementation of Time Limit, People’s Judiciary, (1) 2000, p. 11 ff.
China Law Year Book, 1991–2000. Supra note 287.
Supra note 484.
Source: from unpublished internal report of the High Court of Chongqing City 2002, provided by the Supreme People’s Court.
China Law Year Book, 1996–1998.
Luo, Shu Ping (Director of the Enforcement Bureau of the High People’s Court of Si Chuan Province), The Difficulties in Law Enforcement Difficulties and Chaotic Situation, in China Lawyer, (12) 2002, p. 44. This is also confirmed by interviewed judges who told that the normal targeted settlement ratio established was around 65% to 78%
Supra note 525.
See the report made by the Supreme People’s Court, by Wang Li Wen, and Wang, Yan Bin, Understanding and Application of Regulation on Strict Implementation of Time Limit, People’s Judiciary, (1) 2000, p. 11 ff.
Such independence in jurisdiction can be referred as ‘internal independence’ within the courts. ‘External independence’ refers to independence of jurisdiction which is free from the interference by any parties outside of the courts. It is viewed that independence of jurisdiction in China refers to the independence of the courts rather than judges. According to the law, each Trial Committee can review the cases and make decision on the cases; in practice, judges have to report cases to higher official in the courts for opinions. See, Yang, Li Xin, Civil and Administrative Litigation, Supervision and Justice, in Law Research, (4) 2000, p. 16.
Liu, Nanping, A Vulnerable Justice: Finality of Civil Judgments in China, Columbia Journal of Asian Law, Vol. 13, Spring 1999. Compare Sheng, De Yong, Some Problems in the Reform of Judicial Supervision, in: People’s Judiciary (8) 2001, p. 16.
In German Civil Procedure Law (ZPO), Art 556 a allows the parties who file in the County Court or District Court to appeal directly in the Federal Supreme Court and bypass the Court of Appeal if the parties only disagree on the law.
Jing, Han Chao and Lu, Zi Juan, Some Basic Problems in the Revision of Civil Procedure Code, in: Zhang, Wei Ping (ed.), Review on Judicial Reform, 3rd ed., 2002, pp. 18–21.
Compare Luo, Shu Ping (Director of the Enforcement Bureau of the High People’s Court of Si Chuan Province), The Difficulties in Law Enforcement: Difficulties and Chaotic Situation, in China Lawyer, (12) 2002, p. 47.
Buscaglia, Edgardo, Law and Economics of Development, Encyclopedia of Law and Economics, Vol. II, de Geest and B. Boukkaert (eds.), 1999, pp. 58S–S86; Also see homepage (http://encyclo.findlaw.com/).
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© 2006 Deutscher Universitäts-Verlag/GWV Fachverlage GmbH, Wiesbaden
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(2006). Summary and Policy Recommendations. In: Court Delay and Law Enforcement in China. Gabler. https://doi.org/10.1007/978-3-8350-9012-5_7
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