Inspectors stationed at the Supreme People’s Court & Procuratorate

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CIG mobilization meeting at the SPC

Close followers of the Supreme People’s Court (SPC) media outlets will have noticed a 15 November report of a mobilization meeting of the Central Inspection Group (CIG) #2 inspecting the SPC’s Communist Party group.  A brief report on CCTV is found here. Further digging reveals that news of the inspection was released on the Central Commission for Discipline Inspection (CCDI) website in early November, and that the inspection is part of the current round of CIG inspections of 27 Party, government, and other entities.  Other legal institutions being inspected in this round include the Supreme People’s Procuratorate (SPP) and the China Law Society (a mass (government organized non-government organization)).  The Ministry of Public Security was inspected earlier this year in an earlier round,  along with the State Council’s Legislative Affairs Office, the National People’s Congress (including its Legislative Affairs Commission), the State Intellectual Property Office, and many others.

report on CIG #7’s mobilization meeting at the SPP was released at the same as the SPC’s, and is worded similarly to the SPC report.These institutions are being inspected for approximately a two month period, from 11 November (14 November for the SPP) to 10 January 2017.

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CIG mobilization meeting at SPP

Background on CIGs and how they operate can be found in a recent New York Times article (focusing on the Ministry of Public Security’s inspection) and this scholarly article by Professor Fu Hualing of the University of Hong Kong’s law faculty.

According to these  notices, the focus is on the Party leadership of these institutions, at the highest and next highest level, and compliance with political and Party discipline.

Some comments

Matters that require the attention of the SPC’s  senior leadership (and similarly the SPP’s), of which there are many (one small example is considering whether a draft judicial interpretation is ready for passage) , are likely to find a much slower response time, as persons in the most senior positions, and those senior personnel with whom they work most closely, will most likely be preoccupied with responding to the requests of the inspectors. (This insight is derived from my personal experience (with school inspectors), my many discussions with in-house counsel facing government inspectors, and the rich professional/scholarly commentary on government inspections/audits).

I can only hope (as a long-time foreign observer of the SPC (and less so of the SPP), that the leaders of these institutions have done a good job in personal compliance, as well as signalling to their institutions the importance of complying with various types of political and Party discipline, because a well-functioning Chinese judicial system (and a prosecutorial system) is important not only for China, but the rest of the world.

One small example of the work facing the SPC that is relevant to the rest of the world is one of the Chinese government’s commitments at the Hangzhou G20 meeting, which requires the SPC to take on a major role in improving the operation of China’s bankruptcy system:

China and the United States recognize the importance of the establishment and improvement of impartial bankruptcy systems and mechanisms. China attaches great importance to resolving excess capacity through the systems and mechanisms relating to mergers and acquisitions; restructuring; and bankruptcy reorganization, bankruptcy settlement, and bankruptcy liquidation, according to its laws. In the process of addressing excess capacity, China is to implement bankruptcy laws by continuing to establish special bankruptcy tribunals, further improving the bankruptcy administrator systems and using modern information tools. China and the United States commit to, starting as early as 2016, conduct regular and ad hoc communication and exchanges regarding the implementation of our respective bankruptcy laws through forums or mutual visits.

 

Supreme People’s Court overhauls judicial performance indicators

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Jincheng Shanxi court evaluation meeting

The 27 December headline story in the People’s Court Daily and the national court website is the decision by the Party Committee of the Supreme People’s Court (the Court), issued to the entire court system, to:

  • cancel court performance rankings;
  • Except for those targets for resolving cases that according to law are compulsory, the remaining targets should become reference data for analyzing judicial operations.
  • oppose the practice of avoiding accepting cases at year end with the excuse that it would bring down the court’s case resolution index.

This is the result of its own fieldwork, as well as criticism from the lower courts, NPC delegates, academics, and lawyers. Chinese courts avoid accepting new cases close to year end if the case will not be resolved until the next year, because these cases will pull down a court’s performance indicators, even though the rights of litigants can be sacrificed.

Chinese and foreign academics have highlighted the negative consequences of judicial performance performance targets for many years.

He Fan, a Court judge on the staff of the research office, while applauding the change, pointed out in his blog that despite the change of policy by the Court, some lower court judges remain under pressure by local court leadership to work overtime to resolve cases.

What indicators will replace them?

The reports do not link to the underlying Court document and so it remains unclear what performance indicators will replace the ones that have been abolished, or which indicators fall into the second category.  The judicial reforms anticipate having a smaller number of judges handling an increasing number of cases.  If judges find the new performance evaluation system unacceptable, this may lead to an even greater outflow of judges than is already occurring.