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optionRespect for law with no exceptions


2002-12-25
China Daily


A local court's recent ruling on juvenile offenders was calculated to upset the country's legal professionals.

The Intermediate People's Court of Hefei, capital of East China's Anhui Province, issued a ruling earlier this month saying it will entrust some so-called "social investigators" to collect information about the experience and daily activities of juvenile delinquents, which will be taken into account when deciding their punishment.

The measure is designed to give "special care" to young offenders and help them become reformed characters.

This is understandable to an extent in that increasing attention is being paid to the rights of suspects and defendants in China's criminal procedures in recent years.

But the Hefei court has overdone it this time. By requiring evidence, particularly for young criminals, the court has failed to maintain a neutral stance, which is unfair to the victims of juvenile delinquency.

In addition, providing evidence is beyond the court's authority.

The practice of the Hefei court is, in effect, also creating extra standards for juvenile cases, which is detrimental to the integrity of the country's legal environment.

China's legal system is founded on uniform statutes made by the legislative body, which is a key to the stability of this vast nation.

In other words, what are crimes, how to verify crimes and how to punish criminals should be defined exclusively by the law, rather than anyone else.

If every local court set their own standards in enforcing the law, the law will lose its meaning in the country.

Although local courts' constant innovation in their work has solidified China's legal environment, some reins are still needed on random inventions such as the ruling of the Hefei court.