Old wine in new bottles? New strategies for judicial accountability in China

Abstract

Life-long responsibility for handling cases marks a new page in Chinese judicial accountability. However, inadequate implementation of accountability mechanisms and ineffective remedies to mend the flaws of the justice system has frequently been criticized at home and abroad. The realization of judicial accountability actually remains very unsatisfactory. This article analyses why the current legal and institutional framework discourages the application of the judicial accountability and whether or not the new strategies that have been adopted could achieve their expected outcomes. It also examines the attempts made by the authorities over the recent decade and discusses their significance in holding those responsible accountable for wrongful convictions. Even so, only with substantive reforms to remove institutional obstacles can positive enforcers play an important and effective role in realizing the strict judicial accountability. To achieve accountability, a dual-track approach, involving both an independent judicial disciplinary committee and the current inspection departments inside the judiciary, is proposed.