The main purpose of this I mountain is the foundation laying ceremony of the Shandong University School of law in our new law building, they told me to give a lecture last night, topic has set up: the development of the supervision law. The National People's Congress in the last of the supervision law has been passed, begin in January 1st. At present, the National People's Congress in the centralized monitoring method of training. The NPC also gradually in carrying out this work, the central one leading idea is the work by the National People's Congress to do, so far no one speaks of supervision law on the outside, but I think as a law student, as long as you care about Chinese legal process, will concern the law. The best way to care for this law is that you take this law to, to read, I'll give you a clue in reading before you. This is my topic today.

Supervision of law can be said is a new Chinese legislation in the history of the most difficult to formulate a law, we can hardly imagine, this Law from the drafting to through a long time? Who knows the law is from what time to start making? (wait for) you don't know me, I tell you, is 1986 so I call it twenty years grinding sword. China set the fastest one law only a month. Our new Chinese first constitution order are not so long time. It was 1953 war just ended a thousand things wait to be done when a gang led by Mao Zedong, Sagittarius, according to statistics have a hundred people, south of Hangzhou, it was December 29th, in Hangzhou through 1953, only three months, in the spring of 1954 (February 14th) to the important constitution enacted. The Constitution and several by-products, one is the western all Chinese can find constitutional data are compiled into a book. There are all Soviet Socialist Law compilation. Of course, also did not forget our ancestors, the Republic of China including the compilation of legal information since the period of the northern warlords. So the formation of the three important constitutional documents, now still in use.

When the central in Beijing, Hangzhou the people consider each mature have to Chairman Mao redlining, Chairman Mao consent by hand through the night to Beijing, presided over the work discussed by Liu Shaoji of Beijing in the organization of personnel, through again is written into the draft. Thus, the decision of our government an important legal system in setting out in less than three months time, but our supervision law is as long as twenty years from six to ten session of the National People's Congress, we can see this law may exceed the difficulty. During repeated revision every time want to start this is also a feature of this law, formulate laws because political nature of this law is very strong, the first draft is called "the National People's Congress of the people's Republic of China and the people's Congress at or above the county level supervision law '. The first question meet is the NPC's supervision of choice, is the only oversight procuratorate or include all the state organs? For example, the Central Military Commission

The main purpose of this I mountain is the foundation laying ceremony of the Shandong University School of law in our new law building, they told me to give a lecture last night, topic has set up: the development of the supervision law. The National People's Congress in the last of the supervision law has been passed, begin in January 1st. At present, the National People's Congress in the centralized monitoring method of training. The NPC also gradually in carrying out this work, the central one leading idea is the work by the National People's Congress to do, so far no one speaks of supervision law on the outside, but I think as a law student, as long as you care about Chinese legal process, will concern the law. The best way to care for this law is that you take this law to, to read, I'll give you a clue in reading before you. This is my topic today.

Supervision of law can be said is a new Chinese legislation in the history of the most difficult to formulate a law, we can hardly imagine, this Law from the drafting to through a long time? Who knows the law is from what time to start making? (wait for) you don't know me, I tell you, is 1986 so I call it twenty years grinding sword. China set the fastest one law only a month. Our new Chinese first constitution order are not so long time. It was 1953 war just ended a thousand things wait to be done when a gang led by Mao Zedong, Sagittarius, according to statistics have a hundred people, south of Hangzhou, it was December 29th, in Hangzhou through 1953, only three months, in the spring of 1954 (February 14th) to the important constitution enacted. The Constitution and several by-products, one is the western all Chinese can find constitutional data are compiled into a book. There are all Soviet Socialist Law compilation. Of course, also did not forget our ancestors, the Republic of China including the compilation of legal information since the period of the northern warlords. So the formation of the three important constitutional documents, now still in use.

When the central in Beijing, Hangzhou the people consider each mature have to Chairman Mao redlining, Chairman Mao consent by hand through the night to Beijing, presided over the work discussed by Liu Shaoji of Beijing in the organization of personnel, through again is written into the draft. Thus, the decision of our government an important legal system in setting out in less than three months time, but our supervision law is as long as twenty years from six to ten session of the National People's Congress, we can see this law may exceed the difficulty. During repeated revision every time want to start this is also a feature of this law, formulate laws because political nature of this law is very strong, the first draft is called "the National People's Congress of the people's Republic of China and the people's Congress at or above the county level supervision law '. The first question meet is the NPC's supervision of choice, is the only oversight procuratorate or include all the state organs? For example, the Central Military Commission of the National People's Congress, history has never carried out its supervision, and according to our state government should it under the supervision of the NPC constitutional provisions of the Central Military Commission by the National People's congress. On the other hand we supervise the highest military leading organ and must be careful, because once the supervision failure may cause great loss of national interests and social unrest. This has encountered a problem, the law is mature rules, in reality we are not supervised experience in Military Commission, if want to write supervision, might cause serious political consequences. The sensitivity of our law should have a political. This is the first question.

Second, the people's congresses at various levels have appointed selection of cadres rights, for example, the National People's Congress shall elect a president, chairman of the nomination and decided to consider the prime minister, so for themselves to elevating cadres, people want to do an investigation? This is the party's nominee, people do not understand the situation, how the man's ability, especially if the? Bottom clean? This problem, our country to pursue party rule, people's Congress if the right personnel supervision of power is too large, it will threaten this principle. In recent twenty years, many local people in the exploration of this experience, however, that the exploration frontier areas, the party for the relationship between the National People's Congress two party was nervous. So now the problem has been received by the local central. This is the second question.

Third, the National People's Congress has four main rights, the right to decide which one is the important matters. So what is important? Since the founding of new China, the decision on major issues of the National People's congress only once to implement. Is the Three Gorges project. I was then we Shandong University an ordinary teacher, our old president Professor Pan Chengdong to Beijing attending the National People's Congress back to the mountain to convey the spirit of the meeting, he said he initially thought that obtain energy from the Three Gorges Water Conservancy aspect is very favorable, so support, did not expect a lot of water conservancy experts raised sharp criticism a project, so vast it on the environment will cause what kind of impact is difficult to detailed pieces. So when the final vote majority of scientific community voted against it, but they are few, so the Three Gorges Project. Our supervision law problem is the so-called important matters to define unknown, what is important? Then General Secretary Hu Jintao held democratic forum to discuss the supervision law, there are two leaders of democratic parties put forward Is it right? Should make decisions on major issues of writing supervision law, the general secretary was asked, you say what is important? But they will not answer. This is the third question.

Fourth, we have to begin with a so-called Hainan experience. Hainan Province, as did Secretary of provincial Party committee office director of National People's Congress of the people's letters and instructions are often written instructions, a batch to the provincial high court to, requests on a case according to the opinion of a retrial, said Congress has the right of supervision on the court, and as the theoretical foundation. Although the president declared the jurisdiction exercised by the people's court, but the director still adhere to the National People's Congress, this practice has been affirmed. The case of Hainan called judgment supervision experience of people's Congress of the people's court. So all the provinces in the case supervision. But this is not established in jurisprudence. This requires us to the judicial authority to define and recognize the power of the National People's Congress is clear, through the things right, this means that the "discussion" is a collective discussion, everyone has the right to express their opinions, express million after decide together, this is called by things right. The government called out things right, and the main way is the implementation of the processing, all kinds of things will be in the government in this regard is solved. And justice? According to my understanding of judicial judge things right, so the nature of judicial judgment. You can find an article "my judicial reform twenty" the article inside my jurisdiction defined six of online, the first judicial power judicial power is passive, at any time can be passive exercise don't exercise. To exercise the power of administrative power is always. So the administrative power for human rights is the most dangerous tendency -- he has a nature of the mast. But the judicial power to maintain a state of rest, only to start the judicial power is the power of the litigant request. No litigation, judicial power to a stationary state is not available, so judicial intervention in advance, also can not engage in law to send home. Justice is not escort escort me, once you become escort. (laughs) this is the judicial passivity. The judicial power of the secondary is programmed. So there is a saying: no procedure no justice. The logical starting point of all justice in procedure. So the procedure justice in law circles have divided, some people talk about justice refers to the justice of procedure and whether the entity. American Simpson case is the most typical case someone speaks justice eventually entity justice. Holding the latter view compared to traditional. Chinese history all the trial are pursuing substantive justice. An important feature of western legal system is in the procedure and non entity. We can compromise, so I call, justice fair starting point in logic, no procedure justice in judicial justice, when I was in the mountain teaching also wrote an article, published in the "Wen Shizhe", the title is this. In the article I mentioned several elements of fair procedures such as anyone else can do your own judge. Adhering to this principle is procedural justice, if you give your judgments do judge, justice will surely lose; I have also talked about the party should pay equal attention to. This article is in my American Federal Supreme Court of appeal, the Supreme Court hearing is an intuitive feeling. Chief justice Sle Quist at that time, nine judges all present. I'm hearing when hair embroidery shore a secret, the entire trial court of Appeals for an hour, an hour and a half hours that assigned to the appellant, half an hour to the appellee, no one is likely to get even a minute. So I called it the same attention, the same attention to performance in the first time. If the court during a party off the reel, another 6 to opening the judge said "this court already know!" So don't get the opportunity to speak, that one would think injustice. If a party to a benign countenance, to the other party at the party would think injustice. So I just before the Supreme Court opened a joke, to make fun of the judges, I said: if you have a party the meal, then you must eat a meal. So you can meet me this same attention '(laughs) but if you eat the rice means you use judicial procedure, so contrary to my these second principles, justice must be strict procedural. Besides the program without justice, contact with the parties in the process, it is the abuse of judicial power. It indicates that the judicial corruption. Second this is the nature of judicial power. Other powers also requires certain procedures but not a power to require such stringent.

The judicial power of the third properties is not neutral, neutral is no justice,. So I played for example is the judicial power to a isosceles triangle vertex, the party is the two angles, the judicial power in the face of the parties is two isosceles, only in this way can guarantee the judicial justice. You have to stand between the two parties will stand between a party and the government. What happens if it's administrative litigation? So I asked America judges of the Supreme Court: "lawyers after the first sentence is" I entrusted certain parties as a defense, to attend today's court. 'for a party's rights, prosecutors also want to show that I was attorney appointed on behalf of the state to attend today's court. Then you judge who represent?" The judge said without thinking "I represent the national" we ask again: "that do not have two countries? The two countries have a possible war, fight after? Who will win?" "Say, you two countries together to deal with such a small party, don't think some cruel?" Then, the judge to start thinking about what should represent who. I told his conclusion is, you can not on behalf of the state, no right to represent the state, you should represent the law! The legal representative of fairness and justice, so in this sense, the judge should be legal. Only just to defend the law, once the favoritism, he cannot defend the law. Therefore, the judicial power is the power of neutral type.

Then the fourth nature when it comes to its essence, the essence of jurisdiction is the judgment. The nature of administrative power is the processing of. So we said, "the judge handling the case" this statement is not valid in theory. Why does he want to the next sentence instead of "will"? What he judged? He will judge whether some justice to recover. Justice needs to be restored means must have rights have been violated, as the violation has occurred, but there is no evidence that the occurrence of the entire process? A single judge evidence for the judge in the process of thinking, now known as the permit medical science, we went to the hospital to whether you accept X, CT or magnetic resonance imaging, all these modern means to run out, is only the evidence to provide a diagnosis for doctors, so that modern medicine is a permit law science, we particularly like permit science of evidence, the judge is a process of judgment of facts. In addition, a judge must determine the applicable law, the law of justice is the most? So his whole thinking is a critical thinking. So the nature of judicial power is a judgment, the final result is a decision. Now we are overburdened court, also dealt with in the judgment. The execution of the judgment is a course of treatment, the task from the legal perspective should be handed over to the government to do. But now our justice has a great deal of abuse, is the executive power is in their own hands. And when the people's court for enforcement and have chosen to execute, like criminal cases to the Ministry of Justice Department is handed over to the judicial administration, so now the prison by the Ministry of justice to tube. While the economic case of carrying out the civil case it for myself, because execution fee ah, when combined with the interests of justice, his injustice may occur at any time. We now have no credibility of justice, people's Congress on high and court reports are 1/3 against or abstained from voting. Give me their analysis in the high court, why up to now in our mutual cooperation and enforcement of judgments we not with any country to reach an agreement? These judicial compared to developed countries to communicate with them, and finally found the reason: the first is our judicial credibility has been generally doubt he will take our own polling evidence to discuss with us, as long as a sentence contains more than 1/3 errors will not be executed, so as long as there is a sentence contains 1/3 error, so the decision can not be implemented, they are not our judgment because the decision value contains the 1/3 error (to be continued) second, not our judgment the final judgment in our system construction is the final, arguably, should apply after is the effective judgment, but should be performed in the implementation we may then issue a new decision, because China a retrial, so in the judicial expert eyes western Chinese has no final judgement, since you have no final decision, then I perform your decision will be complete when, suddenly you come to a decision, with the previous sentence is completely different, and asked me to perform. Such damage is the credibility of the judiciary, so now we can't reach a decision between the execution of the protocol and any country developed. This is our court to assume too much should not assume the mission of lead, justice is the essence of decision, this is the fourth characteristics.

Fifth, justice is only accept supervision and not accept the command and command rights. This involves I said people's Congress should not be the case supervision, if justice is the essence of judgment, by people s Congress to the court's decision means that the supervision will penetrate into the mind, is to monitor your thought processes, is clearly not in science established. The judicial power of the fifth characteristics that justice must accept supervision, judicial supervision is to supervise but what? Judicial power if you accept the command and orders, just like in the case of speaking, director of National People's Congress asked him in accordance with the will of the individual to the judgment of a case, then the two difficult questions immediately arise, justice is an intelligence and command if in accordance with the law, then the problem is no need to be discussed, but leave a problem, since the law has a regulation, why do you give a legal agreement command and command? So this command and subsequent commands will be considered redundant, command and command is redundant, then give the command and command authority Is it right? Redundant? This is a problem, if the content inconsistent with the provisions of the law of command and command, the problem is more serious. When the judge faces a two hard choice, if the execution of the laws, it may bring a on his own adverse consequences. So if you want to do after the judge's words, this problem is to think from now on. Xie Jianying doing when the chairman of the National People's Congress is calling on the judges at the body sympathetic method, is to all judges are as the guardian of the law. But Chinese such reality: you haven't had time to be sympathetic method has been from the judicial seat removed, I think his method will not work, so the judge if the law to true, then he will face a disadvantage. But if the executed command and command, another sad happened, then the judge is not a judge, he has become enemies to the law, because the judge only put himself into law a traitor, he can go to execute command and command, this time the judge will play out the law, then he has not a method. This is based on the principle, to supervise the administration of justice but could not command and command. I have so a word, "the judge is not superior," if you're not going to find him a superior words, that all the judges are a superior -- law! Effect of supreme court judgments and we Licheng District of such a court decision sub ah law is exactly the same, this is because, their judgment is based on the same level (legal). This is justice to this characteristic, the judicial supervision exactly in which link supervision? To supervise the unethical behavior, rather than thinking process. So if the judge in ethics and inappropriate behavior, that people will think he made the decision is not fair.

The last one: the nature of judicial power judicial power is an ultimate state, power, have the ultimate in any power of a state, in the country under the rule of law, this authority is the only jurisdiction, in authoritarian countries this power can only be the right of administration, so by observing a country who has the final authority, is the authority in this country can judge the nation's legal system development level of a country under the rule of law, why the administrative trial? Thought of judicial judge is not the final judgment, only the administrative judge finally get judicial interpretation support can be the final judgment, his final to show through the last of the judicature, therefore justice is the ultimate decision. Our students may pay close attention to this case, a Xinjiang's Procuratorate put a railway transportation intermediate court in the court. Say according to the provisions of the Criminal Law Article 33, he has already constituted the corporate crime. Crime is the crime of accepting bribes, vice president, executive director of director of General Office of the court are as an accomplice to the court. Our court has accepted the case. Happened the world public opinion was in uproar. The admissibility of the case the court soon submitted to the Supreme People's court, the Supreme People's court can't handle that, the highest leadership immediately report to our authorities. So central to this thing is very anxious, ask a few jurists explore indication. Procuratorate according to criminal law crime subject in the corporate crime including state organs, the people's court belonging to the state organs. In this case, the court in the auction process a portion of the proceeds from the auction their interception down. All judges to Dean led the benefits have been, so the procuratorate think they belong to the collective bribery that principle is that the judicial power shall accept the trial, if the jurisdiction of a country to trial, the judicial power does not belong to a country the ultimate power. In any country, justice is exempt. So we lack a basic principle of judicial final. It is in this sense, we can say that a country can have a variety of corruption, but not the judicial corruption. In our corridor hangs a portrait of Bacon, the man is thinking of the giant, it is a pity that he is the least doers. He left us many valuable ideas, but this one is because the judge when bribery received prison to invent in prison, want to write a book, take a few case he found are collected, this book is called "the secret of wealth" is just the the book has not yet finished he died, so in the end what is the secret of wealth, I called the Go Ba Dah conjecture on law. We students can then go on to do. The intimate relationship between the first case he is walking. The sister lonely and helpless, sister to brother for adult, and school success admitted to University of Cambridge. The first salary from later got to sister to repay her support. But his sister said, from now on to two people to cut off the relationship, no communication. My sister went away, brother through judicial to find sister, this became a case. The case of Bacon's is very big, he found that in this case, the younger brother to sister economic source is actually selling the flesh. Everyone can go to, there are countless mysteries, and the ultimate mystery is wealth. The second case is about the beggar's story, an old beggar begging for a lifetime of 100 gold, but he still begging. Until one day, his son, dressed like a gentleman came to the front of his father. Father asked us so poor, where'd you get the money to buy good clothes, the son answered with father's gold coins to buy. My father had a stick and killed the son. What the secret of wealth is what, for a beggar, the family is not more important than several gold coins? Why to several gold coins would personally killed his own son? Bacon puzzle. Bacon left us about legal maxims of the most famous is "a crime is not terrible, like a bucket of dumping sewage into the river water is flowing as well, sooner or later, who will be clean; but the judicial corruption is like once polluted source flow out are dirty water that is Francis on the judicial corruption. Judicial power is a national ultimate things right, so judicial corruption will be the ultimate thing once corruption. Once the judicial corruption and social justice space will no longer exist. We now have a look back to the National People's Congress and how should the judicial supervision, supervision on a case does not exist in the legal, but all the accumulated a rich experience of this kind of. Even many provinces have done case supervision regulations, we are done in Shandong province. I have to save to some people who do speech, the first sentence is: not more noble than the supervisor supervisor. They are not willing to listen to. I said that if the supervision can not in accordance with the law, and if the content of supervision and violates the legal principle, it is possible to develop supervision second corrupt channels. Our justice is supervised, why should there be two, the superior judge the meaning is to subordinate supervision, retrial means all trial supervision. Inside the system can fully exercise the right of supervision, why would also like to set up a supervision outside the system? So the supervision law fourth problem is whether or not to write in case supervision.

I put the four sufferings are told everybody, it is recommended that you go back and read the supervision law finally will tell you, these four problems with no one to write in. But the supervision and the supervision method has several notable features, one is sure to adhere to collective supervision, supervision can not have personal form, whether you are a National People's Congress or the Standing Committee Director not to separate supervision, second characteristics of the supervision law is actually a supervisory program tell you supervision is performed step by step. In the procedure of setting supervision should be clear who, how to supervise. The main way of supervision is to listen to the various report for inspection of law enforcement of the two most important form. The last change is already the supervision of the National People's Congress Standing Committee to supervise, so the method name became "the legal name of words in our history" least law supervision of the Standing Committee of the National People's Congress of the people's Republic of China and the Standing Committee at or above the county level people's Congress you guess several? The anti Secession Law "is" six words. Or not only by the laws of the prc. Since only six words at least why this Law in 43, then I will give them cover up, called "the people's Republic of China at or above the county level people's Congress Supervision Law" finally to adopt my views, basic condition which makes the supervision law, after reading will find a home many of the mysteries.