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BEIJING, Sept. 16 (Xinhua) -- After several similar criminal cases led to greatly varying punishments triggering public concerns, Chinese courts are adopting a series of measures to ensure uniform standards for sentencing criminals.On Oct. 1, two documents that instruct judges on uniform procedures for sentence measurements will be put into use in all Chinese courts, which is said to be a "major reform" for the country's legal system regarding criminal prosecution.According to the new procedures, courts should first set up a penalty baseline for a criminal case based upon basic criminal facts. Then additional punishments will be added according to the amount of money involved, the frequency of the defendants' violations, the consequences and other factors. At last, courts will adjust the results considering the case's overall nature and issue a final sentence.The move came after a series of similar drunk driving cases that led to greatly varying punishments.In July 2009, the Intermediate People's Court of Chengdu in southwestern Sichuan Province sentenced a drunk driver named Sun Weiming to death following an auto accident in which he was driving without a license and killed four people. In the second trial, the verdict was changed to life imprisonment.Sun's case was deemed as a crime against public security.However, one month later another drunk driver in central China's Henan Province only received a jail term of six years and six months for killing six and injuring seven people.That case was ruled to be a traffic accident crime."(The reform) is of significant importance for regulating judicial actions, providing uniform standards for law applications, promoting righteous and uncorrupted justice and boosting the authority and credibility of the country's courts," said Wang Shengjun, president of the Supreme People's Court (SPC), at a Thursday meeting."The Criminal Law only lays down a very wide range of sentences for certain types of crimes, and thus it is very difficult for prosecutors to give a specific sentence based on that," said SPC vice president Xiong Xuanguo in an exclusive interview with Xinhua Thursday.Xiong noted that different judges, given their different knowledge, manners and experience, will also have varied views on the same case.According to the documents, another major change is to introduce advice on sentence measurements from procuratorate organs, including the types and scopes of punishments and how to implement them.Also, courts are allowed to organize public prosecutors, parties involved, their defenders and legal representatives to offer their own advice on sentencing measurements.With the introduction of sentencing measurement advice from defenders, legal representatives and other parties involved, the new rules were expected to balance judges' considerable powers of discretion, said Professor Chen Weidong with the Renmin University of China.According to the SPC, since June last year more than 120 pilot Chinese courts have already been following the new procedures when prosecuting 45,000 criminal cases in 15 regular categories, including traffic accidents, robbery, theft, and drugs, among others.The trial practice has seen positive results as sentences among cases of similar natures and those in different regions were not as varied as before.The rate of appeals and change of sentences in second trials also dropped in these courts, according to Xiong.Meanwhile, Xiong sought to assure those concerned that the new rules would not excessively limit judges' powers as "the standards for sentence measurements, themselves, were made based on all prosecutors' discretion." < "If the measurement results are not appropriate, judges will still have the right to make certain adjustments," Xiong said, adding that local courts will also set down detailed sentence measures according to the characteristics of their regions."The reform is an inevitable process for China's criminal prosecution to transform from rough estimation to precise, scientific and canonical," Professor Chen said.
BEIJING, Sept. 10 (Xinhua) -- China has decided to postpone a negotiation with Japan on the East China Sea issue as part of its response to the seizure of a Chinese fishing boat, said Foreign Ministry spokeswoman Jiang Yu Friday night.The postponed talks, the second governmental negotiations on the principle common understandings on the East China Sea issue, had been scheduled for mid September, according to Jiang.A Japanese court on Friday, despite Chinese protests, ruled a 10-day detention through Sept.19 against the captain of a Chinese trawler which collided with Japanese patrol ships off the Diaoyu Islands in the East China Sea on Tuesday.The Chinese trawler under detention stops at the harbor of Ishigaki, Okinawa, Japan, Sept. 9, 2010. Japan Coast Guard sent the captain of the Chinese trawler which collided with Japanese patrol ships in waters off Diaoyu Islands to prosecutors in Okinawa Prefecture Thursday morning."The Japanese side has ignored China's repeated solemn representations and firm opposition, and obstinately decided to put the Chinese captain under the so-called judiciary procedures. China expresses strong discontent and grave protest," Jiang said."The Diaoyu islands and its adjacent islets have been Chinese territory since ancient times. Japan's acts have violated the law of nations and basic international common sense, and are ridiculous, illegal and invalid," Jiang said."Japan will reap as it has sown, if it continues to act recklessly," Jiang warned.Chinese Foreign Minister Yang Jiechi on Friday summoned Japanese Ambassador to China Uichiro Niwa, saying China's determination to defend its sovereignty over the Diaoyu Islands and the interests of the Chinese people was unswerving.Yang said China demanded Japan immediately and unconditionally release the boat and all the crew, including the captain.On Tuesday, two Japan Coast Guard patrol ships and the Chinese fishing boat collided in waters off the Diaoyu Islands.No injuries were reported, but the fishing boat was then intercepted by the Japanese patrol.

BEIJING, Sep. 2 (Xinhua) -- China's Ministry of Industry and Information Technology (MIIT) said Thursday it would urge industrial enterprises to produce high-quality products as part of the effort to enhance the image of "made in China."The Ministry would also draw up a blacklist displaying the names of those firms breaching quality-related regulations, said Li Yizhong, Minister of the MIIT.The MIIT would reward those companies that have good records for producing quality products with increased policy and funding support, and punish those with poor quality-control records, said Li at a forum held in Beijing which focused on how to improve the quality and reputation of Chinese industrial products.The MIIT would also move forward on a campaign to allow enterprises to make promises on producing quality products, and work together with quality supervision authorities to incorporate the quality-based credit system of enterprises into the whole social credit system, Li said.During the forum, 156 Chinese firms signed a written proposal "promising to make quality products for the world," and called upon their peers in China to raise the quality of industrial products.
KUNMING, Aug. 29 (Xinhua) -- At least 14 people were injured and more than 7,300 houses damaged in an earthquake that jolted Yunnan and Sichuan provinces in southwest China Sunday.The earthquake measuring 4.8 on the Richter scale occurred at 8:53 a.m., hitting an area bordering the two provinces.The epicenter, with a depth of about 10 kilometers, was located at 27.1 degrees north latitude and 102.9 degrees longitude, according to the earthquake network center in Sichuan.Thirteen people were injured in the latest earthquake, and 7,354 houses were destroyed in the quake, including 122 houses being toppled, plus road cave-ins in Qiaojia County of Yunnan, according to Zhou Yingbin, deputy head of the county government.Another person was slightly injured in Ningnan County of Sichuan, local officials said, who added that nobody was reported dead or missing in the quake.
BEIJING, Nov. 2 (Xinhua) -- China will reduce its rare earth export quotas next year, but not by a very large margin, Yao Jian, spokesman of China's Ministry of Commerce, said Tuesday."To protect the environment and natural resources, China will stick to the quota system to manage rare earth exports next year, and quotas will also decline," Yao told Xinhua.Though giving no clear extent of the decline, Yao's remarks echoed the comments of Wang Jian, a vice minister of commerce, made Monday at a press conference."I believe China will see no large rise or fall in rare earth exports next year," said Wang.Wang emphasized that China has no embargo on rare earth exports, even though it uses a quota-system as a method of management.Containing a class of 17 chemical elements, rare earths have been widely employed in manufacturing sophisticated products including flat-screen monitors, electric car batteries, wind turbines, missiles and aerospace alloys. However, mining the metals is very damaging to the environment.Chinese officials have said on many occasions that China will strictly protect its non-renewable resources to prevent environmental damages due to over-exploitation and reckless mining.China started the quota system on rare earth exports in 1998 and later banned it in processing trade. In 2006, China stopped granting new rare earth mining licenses and existing mines have since been operating according to government plans.In early September, the State Council, or China's Cabinet, unveiled regulations to encourage merger and acquisitions within the industry.However, China's restrictive policies were criticized by Japan, the United States and other European countries, claiming China's management violated World Trade Organization rules."China has no choice but to take such measures," Chen Deming, China's Commerce Minister, said in August. He pointed out that exports of rare earths should not threaten the country's environment or national security.In response to the increasing criticism of China's rare earth exports management, the spokesman for China's Ministry of Industry and Information Technology said last week that China "will not use rare earths as a bargaining chip"."It is the common strategy of some countries, such as the United States, to use global resources while conserving their own in their homeland," said Zhang Hanlin, director of China Institute for WTO Studies in China's University of International Business and Economics."Creating conflicts on resource issues for their self interests is a common practice," he said.China is the world's largest producer and exporter of rare earths. With about one-third of all proven rare earth reserves, China's exports account for more than 90 percent of the world total."This shows some countries are conserving rare earth resources," said Yao.Early media reports said China would reduce the export quotas by up to 30 percent in 2011. Yet, this was denied as "false" and "groundless" by the Ministry of Commerce.The ministry said the Chinese government will set the 2011 export quotas based upon the rare earths output, market demand and the needs for sustainable development.It also said China would continue to supply rare earths to the world. Meanwhile, it will also take measures to limit the exploitation, production and exports of rare earths to maintain sustainable development, which is in line with WTO principles."Some countries managed to meet the openness requirement of international trade policies when limiting its resources exports," said Feng Jun, a director of the Shanghai WTO Affairs Consultation Center."China should learn from the experiences and explore its own way of protecting its strategic resources," said Feng.
来源:资阳报