The Second Activity of the Fifth Academic Salon Held Successfully in SHUFE Law

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By Chen Hongjie. Translated by Claire Tian. 23 September, 2014.

On September 23, 2014, the Second Activity of the Fifth Academic Salon was held successfully in SHUFE Law. Associate Professor Liu Zhong from TONGJI University was invited to deliver a speech on the topic of A Recount of Judicial Regional Protection.

Dr. Liu Zhong pointed out that relation between central and local government will be a permanent issue since founding a state in 1949. Judicial regional protection issue was first raised by Supreme People’s Court in its First Five-year Reformation Plan. Since then, anti-local protection became a significant task for Supreme People’s Court. However, judicial local protection has declined since the reformation of financial autonomy. Strictly speaking, there is no judicial local protection but covert reflection of rent-seeking of power. The so-called judicial local protection is artificial strategic recount. Under the name of anti-local protection, court structure has centralized judicial capacity. The upper and lower integration became a serious problem which troubled judicial normal operation. Presidents of grass-roots courts were selected from intermediate courts. As to presidents of intermediate courts, they were selected from high courts. This kind of cadre choose will intensified judicial centralization. Dr. Liu believed that anti-local protection depends on social, political and economic structural change rather than strengthen political reform.

Dr. Shen Ming commented on Dr. Liu Zhong’s speech. From his point of view, judicial local protection has its special systematical growing space in the relation between central and local government. Dr. Liu Zhong should aware that court court was fallen into system dilemma which leads to the existing predicament. It was incomplete criticism if Dr. Liu Zhong ignored systematical issues.

In the free discussion part, other participants also pointed out that the special system of judicial power and the convert complicated political and legal logic should be noticed. Convincing arguments is needed in this issue. Paradox was raised — judicial de-politicization must be driven by political way under the Chinese existing system.

(Original News:http://law.shufe.edu.cn/structure/xyxwxx_161751_1.htm)

Published：2014-09-23 Hit：512