User Comments - lujiben

Posted on: 谋杀案三

I would agree, and I would like to add to Pan Shan's comments. Judges generally in modern China have not received the respect they are usually accorded in the common law countries.  Judges have little authority to compell anyone to do anything, and the Chinese lawyers that I spoke with were shocked when I asked about inherent powers of the court and contempt powers.  I was also surprised that the question of whether courts have the power to interpret law or create precedents was "too political.” But, Chief Judge told me that he has instructed his judges that in essence like cases must be decided the same way unless there is a reason to decide them differently.

My other surprise is that judges are civil servants. A opotential judge graduates law school and take an exam (or for some JUST TAKE THE EXAM) and work you way up the judicial ladder.  The judicial system is finally slowly becoming professionally trained. Even recently, a retired army officer or other official would become a judge because technical expertise in the law was secondary to sound common sense.

Final comment, I was told that the Supreme People's Court was like any other court in that it was a civil service appointment, and that there are over 600 judges on the Supreme People's Court, in comparision to the US Supreme Court which has nine judges.

Posted on: 谋杀案三

I sat in on a civil case in Wuhan. There were three judges. One judge read a proposed "finding of fact."  The lawyers then argued about the facts, called witnesses, and introduced evidence.  Throughout the process, the judge who appeared to be the senior judge asked questions of the lawyers and witnesses. The judges then left the bench without ruling on the case.

I also sat in on an appeal to the Beijing Intermediate Court. The Courtroom was state of the art and equipped for simultaneous translation. Again, three judges, the lawyers argued, the judges asked questions, and did not publically rule on the case.

What surprised me was the lawyers were dressed very casually compared to U.S. lawyers, shirts, slacks, no ties or jackets. The judge wore black robes with a red trim down the center of the robe. Also, the judges did not receive the deference that a US judge would expect from the attorneys.  Overall, the process seems much less formal than in the U.S.

I was assured by Chinese lawyers that trials and proceedings are usually open to the Chinese public. There did not seem to be a formal rule against foreigners going to legal proceedings, but it took forever to get invited. In fairness, they were looking for the perfect trial for me. They wanted one that reflected my interests, so like in the U.S., I would be ready to go, and then I would be told the case settled, was dismissed, or otherwise terminated without trial.

Oh yes, the remedy sought in one case was basically an order from the court not do do something again and a public apology.