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China to amend Criminal Procedure Law
(Xinhua)
Updated: 2004-10-13 01:19 China will amend its Criminal
Procedural Law, including the contents concerning procedure for review of death
sentences and custody system in accordance with the spirit of the newly-revised
Constitution and some newly-signed international conventions.
The information was released by Huang Songyou, vice-president of the Chinese
Supreme People's Court, on the 2004 annual conference of the China Law Society
which was held in Guangzhou, capital of south China's Guangdong Province. He
said the amendment of Criminal Procedure Law has been listed into the
legislature plan of the 10th National People's Congress (NPC).
Enacted in 1979, China's Criminal Procedural Law was given a major overhaul
in 1996.
China needs to revise the law on a large scale again, because it has
signed the International Covenant on Economic, Social and Cultural Rights and
the International Covenant on Civil and Political Rights since 1996 and has
enshrined a human rights clause into the Constitution, noted Huang.
According to the current Criminal Procedure Law, death sentence cases shall
be submitted to the Supreme People's Court for review and approval. However, in
most cases, the Supreme People's Court reviewed death penalty cases merely
through reading written reports, but did not try the case at all.
Huang claimed that the law will be revised to reform the death penalty review
procedure. In future, the Supreme People's Court will review death penalty cases
by trying the accused.
According to Huang, revision will also be made to rule out the possibility of
illegally-prolonged custody.
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