On September 19, the People's Daily reported on an ongoing conflict between principles laid out in the Constitution of China and the actions of local authorities across the country, in particular a failure to separate judicial and executive powers in local law enforcement.
Local actions using what is termed “joint enforcement of law” invite local people's courts to take part in law enforcement alongside local authorities. They can involve them in arresting suspects, maintaining social order and relocating residents, and the People's Daily said they were a common phenomenon across the country.
According to the report, they were so ordinary as to often be unquestioned, despite contradicting the national constitution.
The paper reported that the government and Party committee of Wannian County, in the southeastern province of Jiangxi, have jointly issued a document forbidding “joint enforcement of law” actions, though it did not specify when.
The article said many local authorities invite court officials to help with anything from removing residents in order to rebuild old districts to environmental inspections. Because people tend to be more in awe of procurators and judges, the actions are thought to have a greater chance of success with their participation.
The constitution prescribes that people's courts should independently exercise their jurisdiction without interference from any executive body. Even court enforcement officers, who ensure courts' decisions are carried out, can only exercise their powers according to the judgment or arbitration of the court.
The People's Daily said inviting court officials to take part in law enforcement not only confused jurisdictions and powers, but also violated the Constitution.
In March 2004, the Supreme People's Court issued a notice urging courts at all levels to pay more attention to their neutrality and independence, specifying that they should refuse to take part in “joint enforcement of law” actions.
Yet, more than a year later, most local authorities have failed to forbid “joint enforcement of law” actions.
The article questioned why court officials do not refuse invitations to get involved in law enforcement, speculating that this role has simply become normalized to them, and that close relationships between judicial and administrative officials mean they are glad to do a “favor” for them.
Since actions using “joint enforcement of law” upset the normal balance of power and cannot provide protection for people whose legal rights are infringed by them, the People's Daily described the Wannian authorities' decision as being profound in helping to ensure the neutrality and independence of people's courts.
(China.org.cn by Wang Ke, September 22, 2005)
