China's courts take a step back
March 28, 2012 | BY
clpstaff &clp articlesThe National People's Congress has passed the amendments to China's Criminal Procedure Law that makes first instance courts more secretive than ever. The changes contradict a statement by Supreme People's Court President Wang Shengjun for more reforms to open up China's legal system
First introduced in 1979 and last amended in 1996, the PRC Criminal Procedure Law (中华人民共和国刑事诉讼法) is also called the mini-constitution. Court proceedings in the mainland are notoriously secretive, with the public and media often banned from attending.
The changes to the Criminal Law now decrease transparency, as cases no longer have to be tried publicly if they involve commercial secrets. Previously, cases were only kept confidential if they involved state secrets.
As is often the case with China's laws, however, the draft amendments are unclear on what constitutes a commercial secret. This change would mean that businesses in China will now have to prove that their case involves sensitive commercial information before the court.
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