Houston Community News >> Chinese More Open Mind, Accountable Gov't

1/2/2007-- BEIJING (Xinhua) -- As the clock struck midnight, not only was a new year ushered in but many here believe the bell also tolled for a new era of enlightenment for China's judiciary, the country's human rights and its openness to outsiders.

The first day of the year saw a variety of landmark laws come into effect and people are celebrating the end of self-imposed restrictions that are expected to better promote human rights.

Perhaps the most notable change for foreign observers of China are relaxed restrictions on reporting by foreign journalists in the run-up to the 2008 Beijing Olympics.

The new media regulations abolish decades-old restrictions on foreign reporters' ability to travel and conduct interviews in China. Under the new guidelines, only the consent of the person to be interviewed is needed.

Responding to a journalist's question last week about whether China will resume its old foreign media restrictions after the Olympics, Cai Wu, minister in charge of the Information Office of the State Council, said, "If the new regulations prove beneficial to our development and to exchanges between us and the foreign media, and if they aid communication with the international community, then I imagine there will be no need to change the policy."

The reporting regulations that came into effect on Jan. 1 are set to expire in mid-October of 2008.

The minister's statement is a strong indication that the last frontier in China's decades-old policy of reform and opening-up -- the free flow in news and information -- could also be reformed and opened with this cautious but sure step.

Xinhua has learned that already a number of foreign reporters have given up their New Year's Day holiday to "test drive" the new media regulations by reaching out to people in various parts of the country.

Although no one should expect a perfect score or completely unbiased reporting from foreign journalists, it has to be recognized that changes of this magnitude take time to settle into routine. Shenzhen, for example, was not built in a day. China's first millionaire took more than a week to get rich. Governments, officials and journalists need time to build trust and understanding.

DEATH PENALTY

Another milestone was passed on Monday as China's Supreme People's Court took over responsibility and promised stricter and more appropriate application of capital punishment. The right to issue death sentences was given to provincial courts in 1983 to deal with a sudden surge in crime.

Although the death penalty has been abolished in many developed countries, an "eye for eye" concept is still very much part of the Chinese philosophy. Now that the application of the ultimate penalty is in the hands of the central authorities, many people are hoping it will be used more sparingly, implemented more cautiously, and handed down more evenly.

"A murder victim can not be revived, and no judicial system can compensate for the loss," China's top judge Xiao Yang has said.

According to the new law, all death penalties pronounced by local courts must be reviewed and ratified by the Supreme People's Court. Each death sentence must be reviewed by three judges, who are required to check facts, laws and criminal procedures and precedent.

Testimony extracted through illegal means, such as torture, will be declared invalid and judges are also required to cross-examine the defendants face to face and make their own judgement and present their rationale.

Although it's too early to tell if the new review procedures will result in a reduction in the number of executions some provincial courts were not taking chances. Unfortunately, numerous provincial courts executed a slew of criminals in the week before the law changed.

One of those executed included a man convicted of multiple murders who many observers believed was not mentally fit to stand trial.

Most Chinese know that the above sad irony on this important day shows the need for continued patience and many console themselves in knowing the legal framework for substantive and historic change is now in place.

NEW LAWS COMING INTO EFFECT

Many other national laws coming into effect on Jan. 1 include new tariff rates, anti-money laundering measures, controls on medical ads, and simplified customs procedures. Some new laws will impact the government and others will influence people's lives.

-- Citizens who apply for a passport will now only have to wait15 instead of 30 days.

-- Holders of foreign driver's license will no long be required to take Chinese traffic road tests, and can hit the road after a brief training and a simple test of Chinese traffic rules.

-- Police departments have to hand over the money they collect in fines to the government instead of keeping it in-house. The goal is to prevent arbitrary fine collection to boost police coffers.

The historic changes are by no means accidental or coincidental. They are the results of China's true coming of age in the world. This New Year marks the sixth year of China's entry into the World Trade Organization, and the year the WTO's leniencies toward China expire. This is also the last full year before the so-much anticipated year of the Beijing Olympics.

The Chinese government and the people have been looking forward to these changes in laws, policies and regulations for years. The rule of law is upon us.

The Beijing Olympics and ascension to full WTO membership are helping to bring China into a league of sophisticated nations that are well run, well respected and most importantly open, honest and accountable.

(Contributed by Xinhua)