I had the good fortune to have a meeting with some judges of the Supreme People’s Court last week in the main building of the Supreme People’s Court. The rules are now such that photographs of the gate (and nameplate of the Supreme People’s Court) are forbidden, a contrast to 20+ years ago, when I was able to ride my bicycle along the road fronting the Court. As the Supreme People’s Court guides the courts towards more transparency and public access, I look forward to the day when it can become a tourist destination and its hearings more open to the Chinese and foreign public.
I wish all my readers all the best for the Year of the Sheep 祝大家新春快乐，身体健康，万事如意！
Since the end of Third Plenum in November, senior Supreme People’s Court (Court) officials have been racking up airmiles, traveling all over China to meet with National People’s Congress (NPC) and Chinese People’s Political Consultative Conference (CPPCC) representatives. Over forty meetings have been held over the past year. Although Court officials had met with NPC and CPPCC delegates in previous years, it is apparent that these meetings are taking on special significance this year. This blogpost will explain what occurs at these meetings and the rationale for having them. It also illustrates one of the skills that an effective court president needs in China.
In recent months, senior Court officials, primarily the Court vice presidents, have traveled to the four corners of China, from Gansu to Guangxi and from Jilin to Yunnan. Zhou Qiang has also met with Beijing based delegates.
The stated purpose of these meetings is to “listen” (听取) (and respond) to the views and suggestions of NPC and CCPCC delegates. Court officials have either released to NPC and CPCC delegates a copy of the Court draft work report or summarized the developments in the courts in 2013 and plans for 2014. Some meetings apparently involved more substance than others. The meeting with Shanghai delegates, which included a leading law firm partner as well as the general manager of Shanghai Electric (listed on the Hong Kong Stock Exchange) raised the issues of:
quality of judicial personnel;
increasing judicial independence;
resolving local protectionism;
having more witnesses appear in court; and
It is apparent from the extensive reports on these meetings that Zhou Qiang is taking a tactical approach to these meetings. As the former governor of Hunan, former Party Secretary of Hunan and director of the Standing Committee of the Hunan People’s Congress, he has extensive experience in dealing with people’s congress and consultative congress deputies.
It appears that the rationale Zhou Qiang (and colleagues) have for these meetings is two-fold. First, it is to diffuse criticism of the Court (and the work of the lower courts) at the upcoming NPC session and incorporate frequently issues into either the final version of the Court Work Report or the 2014 Court agenda. The large number of votes against the 2013 Court Work Report was seen as a loss of face and it is likely that Court leadership wants to avoid that.
The second reason Zhou Qiang has for closely liaising with NPC delegates is to lay the groundwork for implementing court reforms. If the Court is able to obtain support for overhauling the structure for the funding of courts and appointment of judges at the local level (as foreseen by the Third Plenum Decision) this reform will require that the NPC amend the basic statute for the court system, the Organizational Law of the People’s Courts (人民法院组织法) and will require NPC delegates support the reforms in large numbers.