The Nie Shubin case review: making justice public
- By Fu Xiangjun
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E-mail China.org.cn, March 25, 2015
Objectively speaking, this is a positive change and progress in Nie's appeal. Justice is improving due to judicial publicity and the "guarantee of lawyers' rights to case file access."
There are likely to be further doubts as the lawyers dig deeper into the case files. Only when the administration of justice is brought out into the open, the right to knowledge has been satisfied and all doubts have been reasonably solved can the lawyers provide an objective, complete and beneficial appeal to effectively safeguard their clients'legal rights and benefits.
The court has indicated that plenty of time will be granted to the lawyers in reviewing the case files. All the questions that lawyers find and raise will be recorded and referred to prosecuting and investigating departments. In fact, the appeal and review of Nie's case embodies the people's anticipation for justice. It is not simply an answer for Nie Shubin and his family. It is also an answer of fairness and justice for the public.
Misjudged cases are a common problem. But the most valuable lesson we can learn from them is the courage to correct the mistakes. Public security organs, procuratorial organs and courts cannot stand by idly in this. Instead, they should be responsible to the involved party, the facts and the law, and not evade responsibility or give unprincipled protection in the process. They should investigate whenever there is doubt and make corrections whenever a mistake occurs so that the concerns of families, the public and the media can be addressed, judicial openness is stressed, and justice can be seen. If serious mistakes are found in the original trial process, the court should decide on a review so as to ensure justice, rebuild the prestige of justice among the public and affirm people's long-term confidence in justice and administering the country based on the law.
The writer is a judge with the Danyang Municipal People's Court, Jiangsu Province.
The article was first published in Chinese and translated by Li Bin.
Opinion articles reflect the views of their authors only, not necessarily those of China.org.cn.
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