The Complex Problem of Interweaving Administrative and Civil Disputes - Reflections and Developments in the Jiaozuo Real Estate Dispute Case

Author: Wang Guisong
Publisher:
Publish Date: 2005-12-01
Features: The legal system of a country, in its operation, inevitably produces various problems and defects. The key issue is whether it has a self-regulating, self-correcting, and self-improving mechanism to address problems quickly and defects promptly. The issues reflected in this case demonstrate that China's legal system has yet to form such a perfect mechanism. The Jiaozuo real estate dispute case is complex from all perspectives, not only substantively but also procedurally, and it should prompt in-depth reflection on the broad legal and theoretical issues involved, especially those concerning different legal disciplines. The case exposes at least five defects in China's legal mechanism:
Defect No. 1: The authority and solemnity of China's judiciary lack safeguards;
Defect No. 2: The fairness and efficiency of China's judiciary lack organic unity and coordination;
Defect No. 3: Our judges lack a correct understanding and effective application of judicial discretion;
Defect No. 4: Our legal information system is not smooth and lacks sensitivity;
Defect No. 5: Our legal research institutions have not fully fulfilled their roles in the legal operation system.
A country's legal system, in its operation, inevitably produces various problems and defects. The key issue is whether it has a self-regulating, self-correcting, and self-improving mechanism to address problems quickly and defects promptly. The issues reflected in this case demonstrate that China's legal system has yet to form such a perfect mechanism. The Jiaozuo real estate dispute case is complex from all perspectives, not only substantively but also procedurally, and it should prompt in-depth reflection on the broad legal and theoretical issues involved, especially those concerning different legal disciplines. The case exposes at least five defects in China's legal mechanism:
Defect No. 1: The authority and solemnity of China's judiciary lack safeguards;
Defect No. 2: The fairness and efficiency of China's judiciary lack organic unity and coordination;
Defect No. 3: Our judges lack a correct understanding and effective application of judicial discretion;
Defect No. 4: Our legal information system is not smooth and lacks sensitivity;
Defect No. 5: Our legal research institutions have not fully fulfilled their roles in the legal operation system.