Public participation should be valued as an indispensable consideration when amendments to the country's Criminal Procedure Law are made, says an article in Beijing News. An excerpt follows:
The top legislature is considering revising the Criminal Procedure Law next year.
Negative views of the present Criminal Procedure Law abound, not because the law is weak when combating crime, but because it does not include the prohibition of torture to extract confessions.
In fact, public understanding of Criminal Procedure Law has already gone beyond its actual ability to bring wrongdoers to justice. They are fully aware the law regulates the operation of law enforcement agents and is meant to protect the rights of victims as well as suspects.
The character and personal integrity of any individual law enforcer does not guarantee enforcement be carried out accurately - only laws and the restraint of power do.
The amendment to the Criminal Procedure Law will definitely lead to the redefining of human rights protection and power redistribution between administrative and judicial organs.
As individuals are so closely related to the Criminal Procedure Law, public opinion must be fully considered during the amendment process. The interaction between the public and legislative agencies will be reflected in several ways.
Public participation in the revision process of the Criminal Procedure Law will help to make the process more transparent and scientific.
In addition, public participation will bridge the gap between what the lawmakers think and what people really want and, therefore, create a new law that is of practical use.
(China Daily July 18, 2005)
