China - Project and Programs

Canada-China Judicial Linkages sub-Project (CCJLP)

Duration: 5 years, approved in March 2004

The Canada-China Judicial Linkages Project is funded by CIDA and is a five-year project with an estimated budget of $5 million. The project is executed by the National Judicial Institute with the assistance of FJA, which is responsible for a key component of the Project - judicial functionality. This includes three sub-components, namely: Judicial Classification, Judicial Code of Conduct and Case Flow Management. The FJA portion of the Project's budget stands at about $1 million.

The main goal of the CCJLP is to strengthen the "rule of law" principle in China and to assist that country with the implementation of international instruments supportive of human rights, democratic development and good governance in accordance with the Chinese government strategies. To accomplish this objective, the CCJLP links high-level Chinese and Canadian stakeholders in the judicial system, furthering cooperation between the two countries while providing a mutual, in-depth analysis of legal and governance issues. It involves a linkage between the Canadian Supreme Court and the Supreme People's Court in China and facilitates knowledge sharing and capacity building between the judiciaries of two countries. The Project also plans to address issues such as professional development through the enhancement of judicial education, and, on a more practical level, the strengthening of the technical and administrative capacity of the China's courts system in general.

Enhancement of the Judicial Administration System in China (EJASC)

Duration: 12 months, completed in 2003

In 2002 FJA was asked by the Conference Board of Canada (CBC) to implement one of the components of the CIDA-funded Public Policy Options Project (PPOP) executed in part by the CBC. The request by the CBC was turned into a 12-month initiative with a budget of $200,000.

The ultimate goal of the Project was the enactment in China of policies that establish an independent, impartial, open and efficient court system, which responds to the challenges of a market-based economy in the 21st century. This was to be achieved in the Project through assisting the Supreme Peoples' Court of China (SPC) with improving the efficiency of the existing judicial administration system by ways of developing and/or enhancing the existing policies that govern the judicial administration and the administration of courts.

As a result of the Project implementation, the Chinese partners were provided with a maximum exposure to the functioning of Canada's democracy with a particular emphasis on the role of the judicial branch of power within Canada's political and constitutional landscape. The Chinese partners were also exposed to the functioning of judicial institutions in Canada at the federal and provincial levels. EJASC helped enable Canadian and Chinese judicial administration experts to engage in an open and constructive dialogue on systemic differences, perceived needs, priorities and opportunities, including policy gaps or inadequacies. Finally, the Project assisted the Chinese partners with the development of new policies capable of promoting impartial judicial decision-making within an effectively managed court system.