The challenge of intertwined administrative and civil disputes

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 lies in having a self-regulating, self-correcting, and self-improving mechanism to address issues promptly and rectify flaws in a short time. The problems 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 us to deeply reflect on the extensive 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 safeguard.
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 use 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 expected role in the legal system.