By Stanley Lubman

Chinese society is rife with contradictions. One of the most longstanding and persistent is the coexistence of the movement toward legal reform with the use of extra-legal repression to maintain social stability.

China’s legal system is slowly changing. Statements by senior prosecutors and judges about the correction of erroneous court decisions, along with new rules to control judicial corruption and dishonesty, are signs of progress. Judicial reform is moving ahead – but very slowly, within limits and as long as it does not threaten Party control.

On the legal reform front, the courts have been focusing on handling cases that do not involve politically sensitive issues in order to build public confidence in the judicial system. Steps are being taken to prevent interference with fairness in judging cases and to shift responsibility to provincial levels for judges’ salaries and job assignments.

China’s state-run media reported recently that prosecutors have turned their focus to 1,800 unresolved cases in which the evidence is insufficient or doubtful: The country’s deputy chief procurator says “we would rather not blame instead of making a wrongful judgment.” A vice president of the Supreme People’s Court said that because Chinese courts have announced the innocence of more than 1,600 defendants during the last two years due to a shortage of evidence, this has “improved public confidence in the justice system.” A Court “guideline” provides that judges who “accept bribes, forge evidence or hide key information” will be held responsible.