China seeks rule of law by further streamlining legal system

Hunan Province, Central China, on Monday became the last provincial region in China to do away with the tradition of the police chief also holding the position of head of the Party's provincial commission for political and legal affairs.

The Communist Party of China's (CPC) various commissions for political and legal affairs are in charge of the legal system as well as domestic security matters, which covers public security, courts and procuratorates.

The commissions' heads, who are usually leading local officials, wield great power.

With the appointment of Hunan's new police chief on Monday, the roles of police chief and commission head are now separate in all of China's 31 provincial regions.

This duel role had caused controversy, as police chiefs were elevated above the courts and procuratorates, which is against legal principles.

The overemphasis of the role of the police can be traced back to 2003 when the central leadership was concerned with ensuring social stability. However, in 2010, the CPC's organizational department ordered that the arrangement should cease.

The full enforcement of the order is a victory of common sense. The major duty of the heads of political and legal affairs commissions is to coordinate public security bodies, courts and procuratorates. Thus, having the police chief as the head of public security bureaus affected judicial independence.

Judges and prosecutors have been vocal about the involvement of government officials in hearings or investigations, especially those who oversaw legal work. In some circumstances, judges and prosecutors were actually instructed by the police, which is absurd and in defiance of legal spirit.

One of the responsibilities of procuratorates is to supervise the police, but with the duel role arrangement, supervision is a lot weaker as the police oversee the procuratorate.

This downgrading of the police chief's rank in the local leadership structure will correct outdated practice and is in line with the rule of law.