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The International Communication Conference of The Supreme People’s Court of China
The International Communication Conference of The Supreme People’s Court of China
Date：2014-10-11
The international communication conference of The Supreme People's Court of The People's Republic of China was successfully held in Koguan Building on April 12th and 13th, 2014. The conference was hosted by Professor Fu Yulin of Peking Universiy Law School and Professor C. H. Remco Van Rhee of the University of Maastricht in the Netherlands.
The seminar holding international concept, during two days of the meeting schedule, all the guests made a speech and discussion in English (no translation). All the final results will be published in English and Chinese version respectively in Europe and China (Professor Fu Yulin and C. H. Remco Van Rhee co-chaired the programe"comparative study on civil trial management project"in 2012 and the results have been respectively published by Springer press and Beijing university press).
The theme of the conference concentrated in the research of China and the European country's highest court. The Chinese guests are Professor Ji Weidong of Shanghai Jiaotong University, Professor Long Zongzhi and Zuo Weimin of Sichuan University, Professor Wang Yaxin and He Haibo of Tsinghua university, Professor Hexin of city university of Hong Kong, Judge Jiang Huiling and He Fan of the supreme people's court, Professor Fu Yulin, Hou Meng, Liu Zhewei and so on. The European guests are Professor Neil Andrews of Cambridge University, Professor Alan Uzelac of University of Zagreb, Croatia, Professor Elisabetta Silvestri of University of pavia, Italy, Professor Frédérique Ferrand of University of Lyon, France the third Frederique Ferrand, Professor Marco DE Benito of Spain IE University, Professor Jorn Oyrehagen Sunde of University of bergen, Norway, Professor Tanja Domej of University of Zurich, Switzerland, the Dutch Supreme Court registered lawyers Lawyer Remme Verkerk, Professor C. H. Remco Van Rhee of the university of Maastricht in the Netherlands and Pablo Bravo Hurtado (Chile).
The meeting is in the form of “theme report plus free asking and discussion”. Each guest's presentation time was about 30 minutes. After a group of participants'speech, the participants will make a deep and open discussion on this basis.
The conference Started on 9:00a. m of April 12th. Professor Fu Yulin presided over the opening ceremony and professor Li Ming and Professor Remco van delivered a speech. Then all the participants took a group photo in front of the Koguan Building.
The unit1 was hosted by Professor Long Zongzhi. Professor Ji Weidong and Professor Alan Uzelac did the theme report. Professor Ji Weidong put forward China's role with distinctive characteristics of the supreme people's court from the angle of comparative law and analyzd the power of the supreme people's court boundary, the structure and its relationship with other organs. Finally, he put forward the judicial reform must break through the system bottleneck. Professor Alan Uzelac's keynote address clearly traced out the internal organization of the Supreme Court of Croatia. He put forward the important issue that what kind of role should be played by the Supreme Court in a second appeal.
In the free questions and discussions, a number of participants had raised the issue of a sharp, inspired and commentary, the spokesman did some response.
Professor Neil Andrews, Professor Zuo Weimin, Judge Jiang Huiling, Professor Elisabetta Silvestri, Professor Frédérique Ferrand, Professor Hexin and Professor Hou Meng did the reports. Professor Zuo Weimin pointed out that the Supreme Court recovered the death penalty review of the practice of a series of influence on its own in 2007. Judge Jiang Huiling argued that the future judicial interpretation should be toward the diversified and variety source.
Professor Elisabetta Silvestri's speech was closely related to the status quo of the functional dislocation of Italy's highest court. She points out that unified Italy's Supreme Court is not good to explain the system functions and the application of law. Professor Frédérique Ferrand's speech was closely related to the the historical origin of France's highest court, reform of the current function, the recent and future prospects. He pointed out that the traditional function of France's highest court had been fine-tuning and the aim of reform program was to regulate the case number of the Supreme Court.
Professor He Xin's theme is about reception of the petitioners. He pointed out petitioners and Supreme Court petition reception room caused dislocation relationship between petitioners and led to anger and discontent to the court's. He pointed out that the Supreme Court's decision makers usually took risk aversion prudent attitude to prevent negative consequences of the verdict. He adviced that the Supreme Court could apply through case contextual judicial interpretation, which constraints the influence of the judicial interpretation.
Unit3 is hosted by Professor He Xin. Professor Long Zongzhi, Professor Fu Yulin, Professor Neil Andrews, Professor Tanja Domej, Professor Wang Yaxin and Teacher Liu Zhewei did theme reports. Professor Long Zongzhi's speech addressed the characteristics and difficulties of the supreme people's court. From civil justice, he put forward the special functions of the Supreme Court and its implementation method.
Professor Neil Andrews introduced the UK's Supreme Court, including the Supreme Court's predecessor, the scope of binding, the object of trial, the basic theory of freely controlling the case number and so on. He Put forward the problem that the judgement of Supreme Court was too long.
Professor Tanja Domej introduced the German judicial district of the Supreme Court according to discussion clues of the past, present and future. The topic of Professor Wang Yaxin is the structure and function of the Japan Supreme Court. He introduced the Japanese law and the court system and the basic structure of the Supreme Court judgment, the form of judgment, method of filtering mechanisms of judgment and so on in details. Teacher Liu Zhewei made a speech of the public impact of the supreme people's court. He briefly introduced the basic background of Chinese politics and in the National People's Congress to the Supreme Court, the work report of the vote survey and perspective, he put forward his own assumptions and finally made impact assessment of the Supreme Court's.
Professor Alan Uzelac hosted the Unit 4 on the afternoon of the 13th. Professor Jorn Oyrehagen Sunde, Doctor Pablo Bravo Hurtado, Professor Marco de Benito, Professor Remco van Rhee and Lawyer Remme Verkerk made speeches.
Professor Jorn Oyrehagen Sunde shows the process of Scandinavian countries' the Supreme Court transforming the court of appeals in recent 50 years. Pablo Bravo Hurtado showed the scale of Chile's Supreme Court, number of cases, the court's overload running status and the average length of a single case through a large amount of data and charts. Professor Marco de Benito showed the birth and development of Spain's Supreme Court and argued that the "undoable interest" and "the constitutional importance" should become the sole criterion for the future Supreme Court to accept the case, and the function of the constitutional court and the Supreme Court should be redistributed. The theme of Professor Remco van Rhee and Remme Verkerk'speech is"the Dutch Supreme Court challenges and reform". They pointed out the challenges facing the Dutch Supreme Court from the increasing workload, on the other hand, from promoting law function of the Supreme Court. In order to address these challenges, the Dutch Supreme Court took some new measures.
After the discussion, Professor Remco van Rheec gave a brief summary of the speech. He expressed thanks to the host of the meeting, the Professor Fu and the volunteers for their excellent work. All the guests looked forward to the cooperation in the future.
During the break, the guests visited the law school courtyard, Chen Ming Building and Koguan Building under the guidance of professor Fu Yulin and the assistants. Then they travelled around the Weiming lake, Boya tower and took group photos.
The volunteer team is mainly the students who specialize in civil procedure law of Peking University law school. They are Yuan Lin, Li Man, Zhu Yuanyuan, Wu Fenghua, Wan Yahui, Cai Yuanpei, Chen Haoming. Besides, Guo Hao, Qin Tianyao and Li Qianyu also take part in the part of the preparations.
Translated by: Bian Jiahuan
Edited by: Zhou Yingzi