Category Archives: Website

Professor Jerome Cohen

I first met Jerry Cohen  (then Professor Cohen to me!) when I was 20 years old.  At the time, I was a Yale College senior, when “dinosaurs roamed the earth” (1975).  He helped to arrange for me to study Chinese in Taiwan during my last semester of college.  It was then impossible for me to study in Beijing. When I studied at Harvard Law School, I had the good fortune to take all his courses, attend East Asian Legal Studies lunch-time talks, and be a member of the East Asian Legal Studies group.   Many of my then fellow students are my good friends these many years later!   I believe he was responsible for my being a research fellow at the East Asian Legal Studies Center from September 1987 to November 1988.

I am one of his (many) students whose lives he changed–among those were enabling my move to Hong Kong, providing recommendations, supporting my blog, and encouraging my work on the Supreme People’s Court.

The English-reading world seems less aware of the tributes to Jerry in Chinese social media, so I’ll bring attention to some of the articles that have been published on WeChat:

Author Article
this article is a translated excerpt from his memoirs (by Chen Yu-Jie); 逝者|孔杰荣:改革开放初期中外法律交流亲历记 (Those Who Have Passed: Kong Jierong: A Personal Account of Sino-Foreign Legal Exchange in the Early Years of Reform and Opening Up

 

 

 Li Qi (李骐), Partner of  JunHe 我所认识的科恩教授 (The Professor Cohen  I Knew)

 

 

Yu Ping (虞平) introduction to 法治流變及制度構建:兩岸法律四十年之發展:孔傑榮教授九秩祝壽文集. 缅怀 | 孔杰荣:冰心玉壶,德范长存 (In Memory of Kong Jierong: A Heart as Pure as Ice and a Jade Pot, His Moral Model Lasts Forever

)

 

Xu Xin (徐昕)the prominent defense counsel 纪念柯恩教授 (In Memory of Professor Cohen)
Peking University Law School Professor Zhang Qianfan (张千帆) 沉舟|中国法治的“不老松”——追忆孔杰荣教授

(originally published in FT Chinese), translation available here

 Fudan University Professor Gao Lingyun (高凌云) 有些人注定不普通——怀念科恩老师
 Liu Guiming (editor in chief of the magazine Democracy and Legal System 民主与法制 刘桂明:这位美国教授,为何往返中国几百次 (Liu Guiming: Why did this American professor travel to and from China hundreds of times?)

 

 

China-America Law Review (student-led translation team) Translation of NYU obituary, 中文翻译首发 | 缅怀柯恩:第一位在北京执业的西方律师

 

Chen Hongyi (Albert Chen), Fu Hualing, and Huang Yue (Andrew Huang)) 陈弘毅 傅华伶 黄岳|孔杰荣教授回忆篇(一)

(Chen Hongyi, Fu Hualing, Huang Yue | Professor Kong Jierong’s Memoirs (Part 1)

)

 

Lawyers and scholars have also posted tributes to him, while those within the System remember his good deeds privately.

斯人已逝,风范长存.  He still lives on earth in the acts of goodness he performed and in the hearts and lives of those who cherish his memory.

Supreme People’s Court and its English language websites

How well do the official English language websites of the Supreme People’s Court (SPC) convey an understanding of the SPC and the Chinese court system? I last addressed this question in 2017, when I assessed the English-language versions of Chinese court websites. Since then, the SPC has established new institutions, with new English-language websites and has issued several policy documents calling for better foreign-language publicity about the SPC itself, the Chinese court system, and lower courts. Among those policy documents are the following:

  • the 2018 document, about which I wrote at the time, “Opinions of the Supreme People’s Court on Further Deepening Judicial Openness (最高人民法院关于进一步深化司法公开的意见),” which contains language on translating important white papers and improving foreign language websites:

white papers shall be solidly and effectively prepared, produced, released and publicized, and the authority, normalization and readability of white papers shall be effectively enhanced. For white papers having an important impact, publicity and promotion efforts shall be increased, and multilanguage translation work shall be advanced, so as to heighten the dissemination and influence of the white papers of people’s courts….

The construction of foreign language versions of judicial openness platforms such as the websites of the Supreme People’s Court and international commercial courts shall be strengthened, and the function of foreign publicity services shall be enhanced.

Strengthen external publicity on China’s judicial system, judicial culture, judicial reform, and smart court construction, tell [good] stories about the rule of law in China, and spread the voice of the rule of law in China..

The question is, how well has the spirit of these documents been implemented? The SPC is clearly concerned about its image and that of the Chinese courts outside of China because senior SPC officials regularly provide training on the Chinese judicial system for foreign judges, primarily from the Global South. Rather than focus on training, as some others have done, I will look at the three SPC official websites:

I am drawing on a paper by the OECD (as well as other websites) that stresses that official websites should be authoritative, comprehensive, fit-for-purpose, and easily navigated.   Additionally, I will make comments on translation issues.

1. SPC’s official website

As to whether this site is authoritative, comprehensive, fit-for-purpose, and easily navigated–my quick response is that “it needs improvement.”  A significant proportion of the information linked to the landing page of the website is out- of-date.  Below are a few of the many problems with the website.

  1. Moving to the  “About” tab,  the Introduction combines an incomplete description of the SPC with an overview of the court system.  The two topics should be split.  Moreover, both desperately require a structure chart so that the foreign reader can visualize the internal structure of the SPC and separately, the complicated structure of the Chinese court system.
  2. The section on Resources, which does not clearly signal what is within that tab, is mostly out-of-date. The section on white papers has not been updated in many years.  The last white paper posted is the judicial reform white paper (2013-2018), but in fact a judicial reform white paper(2013-2022) was published in 2023 and other SPC white papers with English translations have been published since 2018. It is mystifying why hundreds of hours of professional time have been spent translating SPC white papers into English but they are not made easily available to the foreign audience for whom they are intended. I surmise that those operating the webpage do not coordinate with the drafters of white papers.
  3. The section on Resources has a pull-down menu with buzzwords, but (I surmise) the foreign audience would prefer a glossary defining specialized court terms. Those are often used on the SPC website and in China Daily articles on the courts, but many are unfamiliar to the legal community outside of China.
  4. Instead of a brief summary of the various procedural laws, it would be helpful to provide a flowchart to illustrate how a Chinese court case progresses.  A lower court judge specializing in foreign-related matters (or an expert from a university with which the SPC cooperates) could narrate a video explaining court procedure.
  5. The videos on the website now date from the Covid era.
  6. Although the websites of most apex courts worldwide explain how it is possible to visit, the SPC site does not.  The SPC might want to explain whether it is possible, with required conditions.  It would be interesting for foreign visitors to the website if a video of an SPC court hearing (with English subtitles) could be posted. No English translations of SPC court decisions or rulings are posted on the website, or even guiding or typical cases.  The SPC has translated and published some of its guiding and typical cases elsewhere and it could select a few examples from existing resources. By comparison, some civil law apex courts post selected translations of decisions.
  7. The landing page lacks links to all other English-language SPC court websites.
  8. Much of the content on the website is sourced from China Daily.  However,  the translations that China Daily uses for specialized court terminology are quite often different from those in SPC white papers and from the documentEnglish that the SPC issued on the English translation of Chinese court terms.

My impression is that despite the language of the policy documents quoted above, this website is not anyone’s (or any group’s) primary responsibility.  It appears no one has considered its readability.  SPC should also reach out to China Daily to harmonize translations of specialized court terminology.

2. China International Commercial Court (CICC)

As to whether this website is authoritative, comprehensive, fit-for-purpose, and easily navigated, it is definitely better than the SPC site, but I am suggesting some improvements, some similar to those for the SPC site:

  1. it would be helpful to provide a flowchart to illustrate how a CICC case progresses.  I note that the website has a flowchart for the one-stop system,  which could be usefully expanded to cover the entire litigation process at the CICC.
  2. The CICC English website has notices of CICC case hearings.  There is no point in publishing these notices in English if it is not possible to attend either in person or online. If the intention is to make CICC hearings open to the English-reading public, procedures should be put in place to make it possible for non-Chinese to attend hearings.  Additionally, it would be interesting if videos of CICC case hearings (or even excerpts, with English subtitles) could be posted on either the SPC’s main case hearing website  (China Court Trial On Line) or directly on the CICC website.
  3. The last judgments and rulings posted on the website date from almost a year ago. It is unclear whether the CICC has issued any judgments or ruling since then.
  4. Several pull-down menus under Resources have not been updated for extended periods of time: the typical cases have not been updated since 2017, the judicial interpretations, not since 2022, judicial documents , not since 2022, laws and regulations, not since 2023.
  5. Under the tab “What’s New, it isn’t clear what is classified as “official release” vs. news & articles.  The translated reports and white papers should have a more prominent place.

It appears that keeping this website current is not anyone’s primary responsibility.

SPC’s Intellectual Property Court

The SPC’s Intellectual Property Court English website appears to be only partially cared for.

  1.  It contains usefully presented information, such as lists of local courts with first-instance jurisdiction, but the labeling should be better.
  2. The English website lacks links to the main SPC website and the CICC website. The SPC should be considered the three websites as a whole.
  3. The summaries of the case digests and typical cases have not been updated.
  4. The tab under “scheduled hearing” is empty. It should be either deleted or information provided on upcoming hearings and how an interested person could attend either online or in person.
  5.  The introductory materials should be made more readable.

It appears that keeping this website current and readable is not anyone’s primary responsibility.

Concluding Comments

The CICC website is more current than the other two websites, but even it should be kept more current if communication with the world outside of China is a priority.  The three websites should be better interconnected. Someone with good English and the ability to put him or herself in the shoes of a foreign reader should take on the responsibility for the websites.  Liaising with one or more foreigners to assess readability to the target audience would be useful. For the SPC and IPC, it appears no one has considered the site’s readability or resources that would interest the foreign visitor to the website. Translations of specialized court terminology should be harmonized across the three websites.

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

 

IMG_1934
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