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1. Global Lessons and Best Practices: Fighting Corruption and Promoting the Rule of Law Through Transparency, Openness and Judicial Independence

Author:
Keith Henderson
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
IFES believes all countries, including China, should publish an annual State of the Judiciary Report that will serve as both an internal and external tool that can be used by multiple stakeholders for multiple purposes, including promoting and systematically reporting on needed reforms and key issues. It should be disseminated to the public at large, as well as to targeted stakeholders, such as the business and human rights communities, bar associations, judges, reformers, policy-makers and donors. We believe the publication and distribution of the report will increase the quality and quantity of concrete information on the judiciary, more transparency, accountability and public awareness, qualitative comparative research and valuable cross-country lessons learned and judicial competition. We invite and challenge you to demonstrate your firm commitment to the important task ahead.
Topic:
International Relations, Civil Society, and Democratization
Political Geography:
China

2. Corruption in China: Half-way Over the Great Wall

Author:
Keith Henderson
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The legal-judicial transformation taking place behind China's Great Wall outpaces most other developing and transitional countries, but is reaching a critical crossroads. If the pace of judicial reform is maintained and implemented, it has the potential to impact on China and the world's future as much as the economic reforms of the last two decades, if not more so. The judicial system is emerging as a key institution in the reform process, and key decisions related to judicial independence in coming years will largely determine China's stature and place within the global community, and the government's relationship with its citizens. 1 In a relatively short period of time, new criminal, civil and administrative law codes, anti- corruption laws, as well as thousands of judicial, economic and administrative regulations have either been passed, repealed or undergone substantial reform. Property rights and institutional reforms have also been enshrined in the constitution, an important Judges Law professionalising the judiciary has been passed and a number of important treaties have now been ratified. For the first time in modern Chinese history, the courts and legal profession are slowly but surely emerging as important, professional institutions with growing power. The main question of the day is whether China's leaders will now make the structural, judicial and political reforms necessary to address corruption and create an independent judiciary – albeit with Chinese characteristics.
Topic:
International Relations, Civil Society, and Democratization
Political Geography:
China