We talked about the "curtain hearing" of the Haixi Prefecture Intermediate People's Court.
Because in the course of the trial of a case, a lawyer found that the judges of the Haixi Prefecture Intermediate People's Court remotely directed the work of the trial judges through the Internet, and even specifically what words were said and what tone they used, which aroused strong questions about the court's working methods.
In response to the outside world's doubts, the Haixi Prefecture Court not only failed to reflect on itself, but also lashed out at the lawyers and the media, believing that these people interfered with the normal progress of the case.
The hat is heavy, and for a lawyer, it is likely to lead to the end of his career. For the media, it is a hat of "public opinion interfering with the judiciary", which is very heavy.
But in fact, the Haixi Prefecture Court does not seem to really realize the fundamental problem of this matter, nor does it understand what the focus of public criticism is.
Even so, it can be seen that the leaders of the Haixi Intermediate People's Court are not happy. Maybe it's the anger after the "ugly deeds" are discovered, or maybe it's because his authority has been challenged.
Regarding this matter, I believe that the Haixi Prefecture Court will deeply understand its own problems after calming down. If you are still stubborn and believe that the whole world is drunk and sober, then should you call on higher-level departments to intervene in the investigation and supervision?
If you don't know anything about this matter, you can click on the picture below to take a look at yesterday's article for a more detailed understanding.
The matter of "curtain hearing" in Haixi Prefecture has not yet been said, and the Jinan Court in Shandong has been pushed to the hot search again.
In the past two days, an article titled "This old hotel on the shore of Daming Lake will be auctioned publicly, with a starting price of more than 43.94 million yuan" has become popular on the Internet.
Located opposite the south gate of Jinan Daming Lake Scenic Area, the "Weishan Lake Fish Museum (Daming Lake Store)" carrying the memories of many old Jinan people is about to be auctioned publicly, with a starting price of more than 43.94 million yuan.
Because it owed more than 27 million to the bank, this old store, which was founded in 1992, fell into auction, which aroused the attention of many people in Jinan.
On the surface, this is an "enforcement measure" (auction) taken by the court to realize the creditor's rights, but some people have revealed that there are actually huge problems hidden behind the auction.
On May 13, a person who has been verified by his real name and signed "Cheng Ping of Weishanhu Group" broke the news in detail:
In 1992, Weishan Lake Fish House was founded on the bank of Daming Lake in Jinan, Shandong, and launched the Weishan Lake Whole Fish Banquet, which was widely welcomed by the people of Quancheng and became the representative of "Xinlu cuisine". All the way to the development of wind and water, with the speed of "three stores a year", soon opened branches to all parts of Shandong and other provinces.
If it weren't for a loan event, Weishanhu Company would have gone public in 2005, becoming the first listed catering company in China.
But regret is not the beginning, that loan incident also happened in 2005, so that the cause of "Weishan Lake Fish Restaurant" from then on, not only did not succeed in listing, until today is still mired in many lawsuits, difficult to extricate themselves.
It is only natural to repay debts.
However, "Cheng Ping" was not convinced by the execution of the debt, and wrote a long article listing the reasons, pointing the finger at the court:
1. Deliberately making things difficult, digging up the flesh to mend the sores, and dragging out the simple enforcement case for a long time. Weishanhu's external claims have not been enforced, resulting in a deep debt crisis.
2. The enforcement judge illegally prevented the transfer of ownership of the real estate involved in the case. The mortgaged house that was supposed to be transferred was supposed to be executed, but because it was believed that the transfer could not be carried out, the debt could not be realized.
3. Reversing black and white, the enforcement judge turned the applicant for execution into the person subject to enforcement, and forced Weishanhu Company to the brink of bankruptcy.
We do not comment on the content of "Cheng Ping's" revelations, and its authenticity cannot be verified, and the truth of the matter is currently unknown.
But his revelations combined with the "curtain hearing" incident also make people think:
Who will oversee the courts?
Is it really as those famous lawyers say:
It has become a small independent kingdom, and social supervision can't get in?
It is true that the constitution has given the people's congresses and procuratorates at all levels certain supervisory powers, but there is still a lot of room for improvement in the intensity of this supervision objectively as far as the courts' extensive adjudication work is concerned.
In other words, existing oversight needs to be further improved.
On this issue, the Supreme People's Court has issued the Opinions on Deepening the Comprehensive Reform of the People's Court's Judicial System.
In this important document, it is clearly stated that:
An important task of the new round of comprehensive reform of the judicial system is to improve the operational mechanism and the supervision and management mechanism of judicial power.
Theoretically, the courts, as judicial organs, are closest to the law, and judges should be the most capable group in society to enforce the law.
However, the cases of judges who know the law and violate the law that have broken out in recent years have made people realize that law-abiding education may also make mistakes under the lights, and there may sometimes be gaps in supervision in the courts.
In 2010, Huang Songyou, former vice president of the Supreme People's Court, was investigated and punished for bribery and embezzlement. The occurrence of Huang Song's case has revealed the problems of power rent-seeking and corruption in the judicial system, which has had a serious impact on judicial fairness.
At the time, the media lamented that this was "the highest-ranking judicial official in China to be investigated for alleged corruption since 1949."
In 2017, Xi Xiaoming, a former vice president of the Supreme People's Court, was prosecuted on suspicion of accepting bribes for illegally accepting huge amounts of property from others to seek improper benefits for others.
In March 2022, it was Shen Deyong, a first-level justice of the Supreme People's Court, who was investigated.
This incident shocked the legal community!
You must know that the first-class judge means that he is already the top existence of the pyramid in China's judicial circles, and in the minds of many people, he is already a "god-like existence".
However, he still "used public weapons for private purposes, connived and acquiesced in his relatives and secretaries to use the influence of his position to act as judicial brokers, and used the power given by the party and the people as a tool for personal gain; They have lost the bottom line of discipline and law, violated the law in law enforcement, relied on cases to eat cases, engaged in judicial corruption and power-for-money transactions, used their positions to facilitate others to seek benefits in case handling and project contracting, and illegally accepted huge amounts of property. ”
In 2023, Meng Xiang, who was a member of the Adjudication Committee of the Supreme People's Court and director of the Executive Bureau, was investigated and punished for accepting bribes.
In 2024, Zheng Xuelin, who was a former member of the Adjudication Committee of the Supreme People's Court and the former president of the First Civil Trial Division, was suspected of interfering and meddling in judicial activities; private morality is not cultivated; Problems such as losing the bottom line of discipline and law, violating the law in law enforcement, relying on cases to eat cases, and engaging in power-for-money transactions have been taken down.
Among these judges, there are many people who use their powers to interfere with the trial and execution of cases.
Justice is the last line of defense for social fairness and justice. Every person who is deeply involved in litigation hopes to meet a neutral judge who can judge impartially.
Therefore, the work of the court cannot be an existence outside of effective supervision.
Article 254 of the Criminal Procedure Law of the People's Republic of China gives the presidents of the people's courts at all levels, the Supreme People's Court, and the Supreme People's Procuratorate corresponding trial supervision work. However, the emergence of the "curtain hearing" incident has exposed the drawbacks of this kind of supervision.
How to give play to the proper role of the courts and procuratorates in supervision, and how to allow more social supervision to effectively participate in it.
It's a question worth pondering.