U.N. 's Goals in China

Objective 10: "Strengthen the rule of law, from legislation to law enforcement and throughout the administrative system"

The strengthening of the rule of law and of administrative systems is a cross-cutting theme recognised by the UN system as being crucial in achieving all of the other objectives stated in the present UNDAF. Thus in many instances, the UN assistance provided to the Government will include interventions aimed at the improvement of governance related to the delivery of services and the management of various sectors. However, the rule of law was singled out as one of the objectives to highlight the UN's support for the enhancement and compliance with the rule of law.

In the 1990s, China introduced more fully the concept of the “rule of law”. Many important types of legislation have been introduced, e.g. the law on basic, compulsory education. There remains a need for the introduction of additional new legislation as a way to even more firmly plant the concept of the rule of law throughout the Chinese society and to strengthen all branches of the judiciary. It is vital that China make more progress with respect to implementation and enforcement of existing laws that are particularly relevant to realisation of the global conference goals and fulfilment of provisions of key international conventions, e.g. prevention of trafficking of children and women, discrimination against women, and the voluntary approach to family planning. Thus the UNDAF should identify strategic ways in which UN system organisations can provide appropriate support for Chinese organisations and communities to promote awareness of and compliance with national laws which are particularly linked to key international norms. Such co-operation would be comprised of various mixes and balances of advocacy and communication, and technical and management capacity development.

Furthermore, even when new laws are put in place, old practices, such as no clear separation of function between the judge, the procurator and the defence counsel are hampering implementation. There is also a need to further strengthen the enforcement capacity of the court system. The concept of the rule of law should be publicised more widely including its value as a means to protect the rights of individuals, to disperse current perceptions of law existing solely for social control.

(i) Improved judiciary - In view of the changes the Chinese society is currently undergoing and the related risks of instability, it is essential that law be seen to work fairly for all citizens. This requires an independent judiciary, and professional judges and lawyers in sufficient numbers with the required capacity. This also extends to the police and prosecutors, who have the potential to play a major role in rights protection. The legal aid system currently being developed needs further strengthening, and the UN will advocate these improvements by providing the government with examples of best practices from other countries.

(ii) Enhance law enforcement - Impressive new legislation enacted over the past two decades makes law enforcement a huge task (currently RMB 2.5 billion in un-enforced court rulings). The UN will assist in creating institutional capacity, using examples from other countries in support of the rule-of-law and the associated need for transparency and accountability, and to create law enforcement capacity beyond the Government.

(iii) Raise awareness on the concept of the rule-of-law as a value system and both a right and a duty for every citizen through education and awareness campaigns.

(iv) Identify better mechanisms for disseminating and enforcing new laws that are key to human development.