The People's Republic of China Judges Law Compendium (Complete Three Volumes)

Author: Heilongjiang People's Publishing House
Publisher:
Publishing Date: 1999-11-22
Features:
Content Comprehensive—Includes over 400 newly revised laws and regulations, such as the Judges Law, Prosecutors Law, and Lawyers Law, as well as relevant judicial interpretations;
Version Latest—Updated to include all laws and regulations enacted by the end of March 2002;
Authoritative Team—Jointly compiled by legal experts and professors from the National Judges College, National Prosecutors College, Beijing University of Politics and Law, Renmin University of China, and China University of Political Science and Law;
Wide Applicability—Besides common laws, it also incorporates models of court documents, relevant regulations and exam syllabi for the national judicial examination, and an appendix listing 94 foreign law firms and 25 Hong Kong law firms with offices in mainland China (approved by the Ministry of Justice and registered with the Administration for Industry and Commerce in 2001);
Scientific Classification—Organized in the following categories: the Judges Law and related laws, trial procedures, court documents, judicial examination regulations, and more.
To ensure judicial fairness, it is essential to strengthen the concept of judging according to law and uphold strict adherence to the law. In the implementation of judicial work, it is necessary to further reinforce the national judicial mindset and uphold the unity of the national legal system, while enhancing awareness and ability to resist various forms of interference. Foreign and domestic parties, as well as those from different regions, must have their legitimate rights and interests equally protected under the law.
Strict judgment according to law requires an accurate understanding and grasp of legislative intent, prohibiting distortion or arbitrary interpretation of the law. For criminal cases, the principle of strict liability and the principle of proportionality between crime and punishment must be strictly upheld to ensure impartial judgment without wrongful conviction or acquittal. For civil and commercial cases, the principle of party autonomy must be rigorously followed, with mediation and rulings conducted in accordance with the law to fully safeguard the legitimate rights and interests of the parties. In administrative trial work, judicial review must be carried out in accordance with the law to ensure the fairness of the review results.
Ensuring judicial fairness also requires consistently upholding procedural fairness. Procedural fairness is a crucial aspect of judicial fairness and an important guarantee for substantive fairness. In modern society, the complexity of substantive law has raised higher demands for judicial procedures. Only by strictly adhering to the principle of equal importance between substantive and procedural law can procedural fairness lead to greater understanding and trust in substantive rulings. Without fair procedures or their strict adherence, even if substantive fairness is achieved, it may still lead to suspicion and speculation, undermining the social impact of judicial work.
All People's Courts at all levels must firmly establish a sense of procedural awareness, correct the erroneous practice of "substance over procedure," and earnestly implement the system of fair judgment. It is essential to improve and refine trial procedures and methods to ensure openness, fairness, democracy, and efficiency, thereby truly achieving the organic unity of legal effects and social effects.