Chinese Government Structure and Court Cases

1647 WordsFeb 21, 20187 Pages
Comparison of the Gang of Four and Bo Xilai’s case The media has often referred to Bo’s case as the most important case in Chinese history since the Gang of Four case. In fact, there are various points of similarities between the two cases in terms of their political importance. For instance, both cases related to political functionaries who had fallen from grace, and tested the legal system’s ability to secure a fair trial. Indeed, according to Jerome A Cohen, the criminal justice system is perhaps the most telling indication of a government’s adherence to human rights standards. A. Court of adjudication and the right to appeal Independence of the judiciary is often limited in order to deal with political opposition in authoritarian states. In this section we consider the powers and limitations of the courts that adjudicated these two cases. Notably, both cases were decided by courts other than the regular court with jurisdiction. In the Gang of Four case, the State in fact established an ad hoc court, whereas Bo Xilai’s case was adjudicated by a court other than the court of territorial jurisdiction. This section discusses the reasons for reliance upon extra-ordinary jurisdiction in both cases. The Gang of Four case was adjudicated by a special court and prosecuted by a special procuratorate. The SPC president of the time, Jiang Hua argued that the Special Court was necessary because the normal system of judicial procedure had been profoundly disrupted by the
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