Tag Archives: Supreme People’s Court English language website

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.

English language websites of Chinese courts

The Supreme People’s Court (SPC) and other Chinese courts have established or upgraded their English language websites to promote better the image of the Chinese courts to the outside world.  These websites are linked to policy goals set by the 4th Plenum, 4th Five Year Court Reform Plan, and other related documents. That can be seen from an announcement on the English language version of the Shanghai Maritime Court’s website:

Shanghai Maritime Court established a judicial translator team, aiming at having a bigger say in global judicial disputes and fostering judicial talents with a global vision.

“Establishing a professional translator team for maritime judiciary centers is a goal for building a global maritime judicial center,” said Zhao Hong, president of the Shanghai Maritime Court.

“It is aiming to serve a maritime powerhouse and laying a solid foundation for China’s Belt and Road initiative,” Zhao said.

A quick rating of the soft power of these English language websites follows below.

SPC English website

  1. SPC’s English website: http://www.english.court.gov.cn

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The SPC English website, while an improvement over the previous version, could be substantially improved.

Too much of the information is out of date, including much of the information on the landing page of the website. The “About” section, which could be useful to foreign courts, diplomats, journalists, researchers, students, etc. has an outdated description of the SPC leadership.  In the section on Resources, the SPC white papers are published as separate pages, rather than as one downloadable PDF (as some of the Chinese maritime courts have done). The scheduled hearings section is generally out of date and also provides no information as to how an interested person would attend a hearing. The link to issues of the SPC Gazette only contains the first two pages, rather than the full issue itself.  Moreover, the landing page lacks links to other English language court websites.

National Maritime Court site

China Maritime Trial: http://enccmt.court.gov.cn/chinamaritimetrial/index.html, the English language version of the national maritime court website (partial screenshot below), apparent partner to the Foreign Related Commercial website (similar look and feel) seems to be in beta mode.Screen Shot 2017-05-08 at 2.03.12 PM

Again, as with the national court website, the news on most of the landing page appears to be outdated.  The white paper page does not enable the user to download a PDF version of the report providing an overview of the first 30 years of the maritime courts.  Under the resources tab, under law & regs, are links to translations of SPC judicial interpretations relating to the maritime courts, but it is not apparent to anyone looking at the landing page. These translations are potentially a useful resource to all sorts of foreign readers. Under the resources tab, the cases menu is empty. The judgement tab links to translations of some judgments and rulings by the SPC and maritime courts, but without any headings or indications on the front page of the website.  These translations, too, are potentially a useful resource to foreign users. It does have links to the other maritime courts (some of which have English websites, but some of the links are out of date.

National Foreign-Related Commercial Cases Website

China Foreign Related Commercial Trial: http://enccmt.court.gov.cn/ChinaForeignRelatedCommercialTrial/index.html , the English language version of the national foreign-related commercial cases court website (partial screenshot below),apparent partner to the Maritime Courts website (similar look and feel) seems to be in beta mode.china foreign related trial

Again, as with the national court website, the news on most of the landing page appears to be outdated. Under the About tab is a list of courts that can accept foreign-related cases, but information about the jurisdiction of each court is missing. Under the Media Center, most of the information under Updates is irrelevant to the courts, the information under International Exchanges is missing, but the Specials has a translation of the SPC’s Belt & Road policy document (although followed by descriptions of the SPC’s cooperation with several Shanghai-area law schools).  There is no content under the Resources tab or the Judgement tab.  Translations of judicial interpretations related to foreign-related civil and commercial issues and a clearer explanation of how a foreign-related case progresses in China would be useful for the casual foreign user, including those from the Belt & Road countries.

Local court websites

Relatively few Chinese courts seem to have English language websites, but the Shanghai high court (http://www.hshfy.sh.cn/shfy/English/index.jsp) has one of them.Screen Shot 2017-05-13 at 3.24.23 PM

The Shanghai Higher People’s Court website is well organized, and relatively timely, although the litigation guide has little information to guide the foreign litigant, and too much of the information, whether cases or news, is badly edited.  The information on jurisdiction is not very helpful for a litigant or counsel, because it does not convey information on the jurisdiction of the Shanghai courts.  It appears that translators lacked understanding of who the potential users of the site were, and had English language challenges, unlike the Shanghai maritime court (see more below).

Local Maritime court websites

Several maritime courts have English language websites, with Guangzhou and Shanghai taking the lead in presenting useful and clear information to the foreign user.  The Shanghai maritime court website (http://shhsfy.gov.cn/hsfyywwx/hsfyywwx/index.html) does a good job of presenting official information clearly and in a timely manner. Screen Shot 2017-05-13 at 2.51.58 PM.pngThe Shanghai maritime court’s bilingual white paper for 2014 and 2015 is downloadable in PDF (under the Annual Report tab), the Court News is relatively timely,  The case digests are useful and calendar lists upcoming court hearings (however without information concerning how an interested person could attend them). Unusually for a Chinese court website, the Judges tab has photos of judges other than the senior leadership.  The Contact Us tab (unusual for a Chinese court) has only telephone numbers for the court and affiliated tribunals, rather than an email (or Wechat account).  Of course the information on the Chinese side of the website is more detailed (under the white paper tab, for example, a detailed analysis of annual judicial statistics can be found), and the laws & regulations tab might usefully set out maritime-related judicial interpretations, but most of the information is well organized and relevant.  Similar comments can be made about the Guangzhou maritime court’s website (http://english.gzhsfy.gov.cn/index.php).

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Comment

It appears that Judge Zhao Hong, president of the Shanghai Maritime Court (and former SPC #4 Civil Division judge) and her Guangzhou counterpart, Judge Ye Liudong, have a greater sense of what the world outside of China is interested to know about the Chinese courts than many other Chinese senior court judges. The team of judges (and other judicial personnel)  under her watchful eye does a good job of keeping the website current and useful.

Most of the court English language websites should be rated “room to improve,”  as they fail to convey useful and timely information to foreign users.Those running the website do not seem to have a sense of what the foreign audience wants to know. That could be solved in a couple of ways: looking at some foreign court websites, consulting with a web-development company focusing on the foreign market, or recruiting some foreign lawyers or law students to be a website focus group.

The websites need to convey to a foreign audience a range of useful information worded in accessible language if they are to accomplish their goal of promoting the image of the Chinese courts.  One useful piece of information that should be on a Chinese court website is a clear illustration of the steps in a civil or commercial case), aimed at individual or small business litigants.  How foreigners can use the Chinese courts to protect their rights, be they related to a contract, property, or employment relationship, is a practical issue both to the hundreds of thousands of foreign residents in China as well as those foreigners with cross-border disputes with a Chinese party.