He Shuheng: The First "Chief Justice" of the People's Power

In February 1932, the Provisional Supreme Court of the Chinese Soviet Republic was established in Ruijin, Jiangxi, with He Shuheng as its chairman. Subsequently, the Supreme Court of the Chinese Soviet Republic was formally established in February 1934.

Today, in the courtyard of the former site of the Supreme Court of the Chinese Soviet Republic, a vivid bronze statue of a figure stands. Behind the image of the villagers shaking hands and making peace is the story of He Shuheng resolving the "water struggle" between the two villages.

Go deep into the field to mediate disputes

A small number of local inferior people in a village surnamed Mao in Bailu Township, the fourth district of Ruijin, controlled the water source, used feudal superstitions, and incited the backward masses to obstruct the release of water in his village, and even had an armed struggle. The people of Helong Township urgently needed to divert water for irrigation because of spring ploughing, so they filed a complaint with the central government.

The central government sent people to the township to investigate, and on March 8, 1932, in coordination with the people of Bailu and Helong townships, they discussed, broke superstitions and vices, and decided to continue to release water. However, by the end of March, a small number of people surnamed Mao had violated the water park by default, deliberately obstructing the water conservancy and violating the land decree. Bailu and Helong townships filed a complaint with the Provisional Supreme Court.

In April of the same year, He Shuheng, then chairman of the Provisional Supreme Court of the Central Committee, personally went to Ruijin County, together with the county adjudication department, organized a circuit court, convened a meeting between the district responsible persons and the two villages, adhered to the adjudication concept of judicial service for the people and mediation priority, won the support of the majority of the people surnamed Mao, effectively resolved the water conservancy dispute between Bailu and Helong townships, and made the case timely and properly handled, becoming a model for trial work in the Soviet Union.

From the day he joined the Party, he gave his life completely to the Party

In the exhibition hall of the trial history of the Chinese Soviet Republic, the narrator dressed in the uniform of the Red Army told reporters about the life of He Shuheng, the first "chief justice" under the leadership of the Communist Party.

He Shuheng (1876-1935), a native of Ningxiang, Hunan, was a chinese poet. In April 1918, He Shuheng, Together with Mao Zedong, Cai Hesen, and others, organized the establishment of the famous revolutionary group Xinmin Society in Changsha, and as the oldest member, he served as the executive chairman. In 1920, He Shuheng and Mao Zedong initiated the organization of the Russian Research Society and participated in the Changsha Communist Group. In 1921, He Shuheng attended the First National Congress of the Communist Party of China.

"As a Communist, you should not be afraid of death." From the day we joined the Party, we completely surrendered everything we had, including our lives, to the Party. In November 1931, with loyalty and faith, He Shuheng left Shanghai and came to Ruijin, Jiangxi, the center of the Central Soviet Region, and participated with Mao Zedong in the leadership of the central workers' and peasants' government. At the First and Second National Congresses of the Chinese Soviet, He Shuheng was elected a member of the Central Executive Committee of the Chinese Soviet Republic, and at the first plenary session of the First Central Executive Committee, he was elected as a People's Commissar (i.e., Minister) of the Workers' and Peasants' Procuratorate of the Provisional Central Government. On February 19, 1932, the central government decided to organize the Provisional Supreme Court, and appointed Any Shuheng as the presiding judge (chairman) of the Provisional Supreme Court.

"Shu Weng can do things as the overall situation", this is Mao Zedong's evaluation of He Shuheng. From Xiucai at the end of the Qing Dynasty to anti-feudal heroes, from revolutionary democracy to Marxism, He Shuheng was one of the founders of the Communist Party of China, and together with Xu Teli, Xie Jueya, Lin Boqu and Dong Biwu of the Central Soviet Region, he was called the "Five Elders", and was the pioneer and outstanding leader of our party's judicial front.

The trial of cases pays attention to the unity of legal and social effects

Based on facts, based on the law. When He Shuheng tried cases, he adhered to the principle of proportionality between crime and punishment, and paid attention to the unity of legal effects and social effects. He was very careful in the review process, carefully examining and repeatedly considering each case. In particular, in cases where the death penalty has been imposed by provinces, counties, and districts, he strictly grasps the sentencing scale, and does not approve any cases where the materials are insufficient or the sentencing is biased, and a large number of unjust, false and wrongly decided cases have been corrected. The "Judo Shin case" is one example.

"Defendant Zhu Duoshen, a native of Nongtian Township, Ruijin County, was sentenced: Zhu Duoshen was shot." In May 1932, He Shuheng received judgment No. 20 from the Ruijin County Soviet Referee Department.

Because he had contacted Zhu Duoshen many times when he went to the countryside to inspect the work, according to his understanding of Zhu Duoshen, He Shuheng felt that there must be hidden secrets behind this case. Therefore, He Shuheng immediately packed his bags and rushed to Nontian Township to investigate and verify, and found that although Zhu Duoshen had some crimes, it was mainly the township cadres he had reported many times who tried to retaliate against him. Therefore, He Shuheng issued instructions on the judgment: "The case of Zhu Duoshen's sentencing of the death penalty cannot be approved. Zhu Duoshen changed from shooting to two years in prison. According to the facts enumerated in the confession and the verdict, it is nothing more than embezzlement and self-interest, pretending to be inspectors of Ning, Shi, Rui and so on, which is an ordinary criminal case, not a counter-revolutionary crime. Moreover, Zhu Duoshen had organized guerrilla groups, participated in the revolution, and was seventy-two years old, so the death penalty was reduced to imprisonment. ”

"He Shuheng's instructions, in just a few dozen words, integrate legal reasons, moral bottom lines, and human sophistication into the case, and integrate feelings, reason, and law into the case, and are a model for our judicial adjudication." Zhong Dongqing, a fourth-level researcher at the Ruijin Municipal People's Court, said of the case.

While insisting on trial according to law, emphasizing procedures and evidence, and never wronging a good person, He Shuheng is also an iron-faced selfless, law enforcement like a mountain, and will never let go of a bad person's "black face and public security." For criminals with solid evidence and extremely heinous crimes, he has never been merciful in the conviction and sentencing. For example, on the same day that Zhu Duoshen's sentence was commuted in May 1932, He Shuheng also tried two counter-revolutionary cases reported by the Ruijin County Soviet Magistrate's Office about Zhong Tonghuan and Luo Hongjie. Zhong and Luo both convicted the crime of brutally killing revolutionary comrades, Luo Hongjie also bribed bullets to receive bandits, went to Ruilin Village in the Soviet District to burn and rob, and other criminal acts, and the Ruijin County Soviet Adjudication Department sentenced the second offender to death.

In the exhibition hall, the reporter saw that He Shuheng's instructions and instructions during this period involved all aspects of trial work such as trial procedures, legal document norms, and interpretations of applicable laws, and the words were filled with revolutionary enthusiasm and reflected the rigor of the law.

It was precisely He Shuheng's meticulous and serious work style that promoted the standardization of trial work in the Central Soviet Region, made indelible contributions to the early cause of the legal system of our party, laid a solid foundation for the construction and modernization of the people's judiciary, and provided valuable experience.

(From the People's Court Daily on July 1, 2021)