Category Archives: Monitor

Supreme People’s Court Monitor’s Archives

Happy Year of the Rabbit to all followers and readers of this blog! As a few followers know, I moved recently.  The disruption is the reason I haven’t posted in such a long time.  Because of the move, some of my archives from my many years of researching the Supreme People’s Court (SPC), like Rip Van Winkle, have emerged from hibernation.   They include:

  1. the address and work number of a now-retired senior SPC judge.  He will remain anonymous, as I am concerned there is no statute of limitations for minor violations of 外事纪律 (foreign affairs discipline) by receiving a foreigner in what he considered shabby premises, and being eminently hospitable.  I have never had the chance to tell him that he is partly responsible for my interest in the SPC.  I recall visiting him in his danwei-supplied housing (宿舍). He lived in a compound of one-story buildings (平房) next to the main SPC building.  Thankfully, security was not as difficult as it would be now, and those buildings were demolished long ago. I recall riding my bicycle from Peking University into the one-story building compound to visit him. He must have recommended that I visit the shop of the People’s Court Press (人民法院出版社门市部) (now around the corner from the SPC main building on 正义路) and that simple recommendation was crucial. Among the books that I purchased during that initial visit were the first few volumes of 司法手册.   These volumes, edited by the SPC’s Research Office, pre-dated court or other computer databases of legislation and documents.  The assortment of SPC and related documents in those volumes led me down the rabbit hole of researching the SPC. 
  2. I fell down that rabbit hole in 1992 or 1993, when I pulled those volumes off my bookshelf and tried to make sense of them.  At the time, I was focused on understanding how the SPC operated at the time(and did not read legal Chinese as quickly as I do now) and failed to read some of the historical documents included in those volumes.   I can see now that these volumes contain documents issued by the SPC and Party institutions unavailable elsewhere, some relating to the Strike Hard Campaign (严打) of the early 1980’s, others relating to post-Cultural Revolution issues,  others relating to divorce policy in the 1960’s, with still others linked to special regulations for foreign-related criminal cases.
  3. Another book I came across was a 1993  volume edited by the editors of the  SPC’s Gazette, containing typical cases (典型案例), judicial interpretations (司法解释),, and an assortment of SPC documents that the editors considered useful but were not published in the Gazette. The book was published before the SPC issued its rules on judicial interpretation work so some of the documents included in that volume would not be incorporated in an analogous volume today. When I wrote my first article on the SPC, this book was a crucial source for me.  SPC typical cases themselves fill several volumes (I have multiple volumes of a 2009-2021 collection of typical cases published by the People’s Court Press).  
  4. I have a large collection of name cards given to me by people in the courts and other institutions, including a friend (now deceased) who was enormously helpful when researching my first SPC article.  For some reason, I have a half dozen or more name cards from members of the staff of the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. At the time (early 1990’s), I took easy access to people in Party and state institutions for granted and never expected that 30 years later, it would be more rather than less challenging to meet them.
  5. Among the items in my archives are notebooks, with questions that I prepared 30 years ago, to ask a small circle of friends linked to the courts, most as relevant now as then:
    1. What does a 庭长 (division head) do?
    2. What does the Research Office (研究室)do?
    3. Interpretations, litigation, legislation [drafting of judicial interpretations and court rules], administration–which constitutes the bulk of the work of the SPC?
    4. What are opinions (意见)?
    5. Are conference summaries (会议纪要) considered to be interpretations by the courts?
    6. How do NPC representatives supervise the SPC?

 

Supreme People’s Court Monitor’s 2017 year-end report

 

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SPC court handbooks & monthly bulletins from the 1980s & 1990s

A change in this year-end report, with some stories as well as thank yous.

In 2017, the Supreme People’s Court Monitor published 41 posts and had over 33,000 page views, from 155 jurisdictions, primarily from:

  • United States;
  • Hong Kong;
  • (mainland) China; and
  • Australia.

with the United Kingdom, Germany, and Singapore trailing.

Since founding almost five years ago:

Views: 108,990
Jurisdictions: 183
Posts: 212

Most followers use Twitter to follow the Monitor.Although Twitter is not accessible in mainland China without a VPN, 26% of the Monitor’s Twitter followers are based there.

Thank yous

Thank you to:

  •  the booksellers (likely long retired) who sold me the SPC court handbooks & bulletins in the 1990s, opening for me a door into the world of the Chinese judiciary;
  • my colleagues and students at the School of Transnational Law, Peking University (Shenzhen);
  • my fellow bloggers Jeremy Daum (Chinalawtranslate.com), Wei Changhao (npcobserver.com, Mark Cohen (Chinaipr.com), and Eugene Fidell (globalmjreform.blogspot.com);
  • the law schools and other institutions around the world, that have listed my blog as a Chinese law resource;
  • law and political science professors who have recommended the Monitor to students and many others in other institutions who have provided support in various ways;
  • journalists and scholars writing about the Chinese judiciary who have cited the Monitor;
  • organizers of conferences and other events in Beijing, Shanghai, Leiden, Cologne, Hong Kong, and Sydney. One Shanghai event attracted several “mature students” from the local authorities, apparently interested to know more about the challenges Chinese students could face studying law in the US;
  • Certain members of the Chinese legal community:
    • judges and others currently or formerly affiliated with the SPC and local courts, who helped me understand the Chinese court and legal system in countless ways;
    • lawyers, arbitrators and other legal professionals who have done the same;
    • administrators of the Wechat public accounts who published my articles; and
    • those who had the fortitude to read early drafts of articles and give frank comments, particularly the person who asked the classic question “what are you trying to say?!”  (The much-improved article will be published this year.)

Finally, thank you very much to the East Asian Legal Studies program of Harvard Law School for supporting the Monitor.  I hope their example will lead to the greater recognition of the importance of understanding the Chinese legal system (with its many special characteristics).

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    School of Transnational Law, 29 December

 

 

How Zhejiang courts support its economy

zhejiang

My apologies to blog followers for my absence.  I will address Zhou Qiang’s comments on judicial independence in a later blogpost, for which I want to do some more detailed research than is possible at this time.

This blogpost will look at a less contentious question–what does the profile of civil and commercial disputes in Zhejiang province mean for the Zhejiang/Chinese economy and the role of the courts (in civil/commercial disputes).

Judge Zhang Hengzhu, head of the #2 civil division of the Zhejiang Higher People’s Court (High Court), spoke in early January at a conference organized by Tiantong & Partners, the boutique litigation law firm on civil and commercial disputes in his province.

What is special about Zhejiang?

The Zhejiang economy is dominated by small and medium enterprises (SMEs), many integrated with the global economy.  These companies are private, family-owned companies. Judge Zhang noted that these companies tend to have irregular corporate governance, with vague lines between property ownership by the company founder, the company, and affiliates.

Civil & commercial litigation in Zhejiang

Zhejiang (and Jiangsu) are the two most litigious provinces in China. The Zhejiang courts accepted over a million cases (1,112,900) in the first nine months of 2016, up 11% over 2015, of which over half (572,300) were civil and commercial cases, up 7% year on year.  [Comment–year-end numbers will be even higher.]

A significant proportion of those cases during that period were bad debt-related. About 17% of those cases (136,500) were private (shadow) lending disputes, involving total amounts in disputes of RMB 78.366 billion (almost USD 11.4 billion).  Private/shadow lending in Zhejiang is a supplement or replacement for bank financing. During the same period, about half as many financial disputes were accepted (85,400), up almost 20%, but the total amounts in dispute were RMB 232 billion, or USD 33.79 billion).  [Comment–year-end numbers will be even higher.]

How Zhejiang courts support SME economy

Judge Zhang commented on what the Zhejiang courts have been doing to support the province’s SME-dependent economy.  Those actions, which appear unusual those unused to the Chinese judicial system, include:

  • Taking the lead to generate judicial guidance on private (shadow) lending.  In 2009,  the High Court was the first to issue provincial level guidance. which it updated in 2013.
  • In 2013, it issued a concurrence (in the form of a meeting summary) with the provincial procuratorate and public security department on criminal law issues relating to collective fundraising.
  • The High Court is working with the provincial financial institutions on the disposal of non-performing assets.
  • It was one of the first provincial courts to take steps to generate judicial guidance on bankruptcy law and to take steps to deal with zombie enterprises (after raising it with the provincial Party secretary and government, who issued written instructions (批示)。
  • In late 2016, establishing a joint mechanism with fourteen departments of the provincial government to advance the use of bankruptcy and related issues, such as re-employment of workers, use of land formerly used by bankrupt enterprises, generating bankruptcy-favorable tax policies (document on the mechanism found here).

 

 

 

Supreme People’s Court Monitor’s 2015 year end report

images-2In 2015, the Supreme People’s Court Monitor had over 25,000 page views, from 140 countries (regions), primarily from:

  • United States;
  • Hong Kong;
  • Australia; and
  • Mainland China,

with the United Kingdom, Germany, and Singapore trailing closely. I am particularly honored to have so many visitors from China when WordPress blogs are often difficult to access there.  Visitors came from many of China’s neighbors (and all parts of greater China), including:

Macau, Taiwan, Philippines, Thailand, Laos, Cambodia, Vietnam, South Korea, Mongolia, Kazakhstan, Myanmar, Nepal, Pakistan, India, Bhutan, Russia,  Tajikistan.

Like my sister blog, China IPR, my followers include academics, students, journalists, government officials (and officials of international organizations) as well as practicing attorneys (in private practice, government service and with NGOs).  I am honored to have my blog listed as a Chinese law resource by Harvard and Yale Law Schools, Oxford Bodleian Library as well as many other universities.

I was honored to have been invited to speak about China’s judicial reforms by the Faculty of Law of the University of Hong Kong, University of Pennsylvania, Columbia Law School, and Guangzhou University, and the European China Law Studies Association, among other institutions.