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Zhongshan Third People's Court application submitted
2019-08-02

In early June, the Standing Committee of the Zhongshan Municipal People's Congress set up an investigation group to oversee the enforcement of the judicial accountability system. On the morning of July 29, the 23rd Session of the Standing Committee of the 15th Zhongshan Municipal People's Congress was held. In this session, a hearing and deliberation were discussed which covered the work report by the Zhongshan Intermediate People's Court. The goal was to review the enforcement of the judicial accountability system and to put forward suggestions for current issues.

The report proposed by the Supervisory and Judicial Affairs Committee of the Standing Committee indicates that all courts at both levels in Zhongshan have reached preliminary findings on the enforcement of judicial accountability system, but there are still some problems that should be overcome during the actions of reform.

The report also indicates that increased challenges from following the unified judgment standard will occur, since chief justices and judges no longer sign and review cases in which they are not directly involved. Single-judge trial groups will retain the right to sign and issue judgment documents on their own. It will result in diverse judgments given by different judges in the same court, in different courts of the same level, or in courts of two different levels.

In order to solve such problems, the Standing Committee proposed, after much deliberation, that the judicial committee's function of performing the unified judgment standard should be strengthened. This now means that cases judged by the judicial committee should be referenced for cases of the same type. By establishing the legal research trial mechanism, referencing similar precedent cases, analyzing judgments of similar cases, and other approaches, the judgment results of all courts from both levels in Zhongshan could be unified and standardized.

In addition, the report also notes that a critical lack of personnel remains an urgent need, with 140 vacancies for judges alone. This means that greater efforts must be allocated towards recruitment to relieve this need.

Therefore, the Standing Committee also proposed that a lifetime responsibility system in the case efficiency and accountability system of wrong judgments should be established. This measure will tighten the confirmation and tracking of judicial responsibilities. It is also necessary to set up a disciplinary committee for judges in Zhongshan, make specific provisions on grounds of disciplinary punishment, disciplinary proceedings, and improve disciplinary measures. It is a must to set up a third-party evaluation system outside the court and improve the social and public supervision on the mechanism of judicial rights.

Fan Huaqing, Deputy Chief Justice of the Zhongshan Intermediate People's Court, revealed that the Zhongshan Court has applied for the establishment of the Zhongshan Third People's Court. The application procedure is now underway. In addition, the Zhongshan Court is considering introducing more auxiliary judicial personnel to the courts. This measure will assist judges in completing their clerical work.

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