In China, the Intermediate People’s Courts, as part of the judiciary system, are theoretically separate from the Communist Party of China (CCP) in terms of their judicial functions. However, in practice, the CCP exerts significant influence over the legal system, including the courts.
1. Party Control Over Judiciary: While the courts in China are meant to interpret and apply the law, the CCP maintains tight control over the judicial process. Judges, especially in higher courts such as the Intermediate People’s Courts, often hold dual roles as Party members. This means their decisions are influenced by the Party’s directives and priorities. The CCP controls the appointment and promotion of judges, and there is little room for independent judicial decision-making that conflicts with Party interests.
2. Political Influence in Cases: In politically sensitive or high-profile cases, the CCP often plays a direct role in guiding or influencing the outcome. The Party’s Central Political and Legal Affairs Commission oversees the legal system, ensuring that court rulings align with Party policy. Courts are expected to serve the Party’s goals, particularly in cases involving political dissent, corruption, or issues related to national security.
3. “Rule by Law” vs. “Rule of Law”: The Chinese legal system operates under a principle often referred to as “rule by law,” where the law is used as a tool to enforce Party control, rather than the “rule of law” seen in liberal democracies, where the law is independent of government influence. The CCP’s leadership ensures that the judiciary serves its interests, including maintaining social stability and safeguarding Party authority.
4. Judicial Reforms: In recent years, there have been some reforms aimed at increasing the efficiency and transparency of the judicial system, but these reforms are largely designed to ensure that the courts align more effectively with CCP goals, rather than granting the courts greater independence.
In summary, the Intermediate People’s Courts are not independent in the Western sense. They are closely intertwined with the CCP, which heavily influences judicial outcomes to ensure that they align with the Party’s interests and policies.
Intermediate People’s Courts are one level above Basic People’s Courts and operate throughout Municipalities in China including Beijing, Cangzhou, Shanghai, Tianjin, and Chongqing.