Xie Jueya: "If you don't read the case file, what else do you want the SPC to do?" ”

Original title: Xie Jueya: "If you don't read the case file, what else do you want the Supreme Court to do?" ”

On April 6, the reporter went to Yan'an City, Shaanxi Province, and began the media report of the People's Court News and Media Headquarters", "Witness - 100 Interviews with 100 People in a Hundred Years". At the former site of the Shaanxi-Gansu-Ningxia Border Region High Court, this reporter carefully read the biography of Xie Jueya, the first president of the High Court of the Shaanxi-Gansu-Ningxia Border Region.

Xie Jueya (1884-1971), a native of Ningxiang, Hunan Province, was an early Chinese proletarian revolutionary, politician, outstanding legal worker and social activist, and one of the famous "Five Elders of Yan'an".

Comrade Xie Jueya joined the Communist Party of China in 1925 and engaged in the party's propaganda and education work in the early days, successively serving as the chief editor of the Red Flag, the organ of the Party Central Committee, the organizational and leadership work of the Shanghai News, and the chief editor of the Workers' and Peasants' Daily, an organ of the Xiang'eXi Provincial Party Committee. In 1933, he arrived in Ruijin, Jiangxi, and served as secretary general of the Provisional Central Government of the Chinese Soviet Republic and secretary of the general party branch of the central government organ. After participating in the Long March in 1934 and arriving in northern Shaanxi, he successively served as secretary general of the Central Soviet Government, minister of internal affairs, minister of justice, president of the High Court of the Shaanxi-Gansu-Ningxia Border Region, vice president of the Central Party School, secretary general of the Shaanxi-Gansu-Ningxia Border Region Government, vice chairman of the Senate of the Shaanxi-Gansu-Ningxia Border Region, and minister of justice of the North China People's Government.

After the founding of the People's Republic of China, he successively served as Minister of Internal Affairs, President of the Supreme People's Court, Vice President of the China Political and Legal Society, and Vice Chairman of the Fourth National Committee of the Chinese People's Political Consultative Conference. In August 1949, The First University of Political Science and Law in New China, The China University of Political Science and Law, was established, and Elder Xie concurrently served as the president.

The founder of the socialist rule of law theory and the people's judicial system in New China

In the Exhibition Hall of Trial History in the Shaanxi-Gansu-Ningxia Border Region, an exhibition board bears Xie Jueya's famous quote - "Reasonable and reasonable is a good law."

Hui Xingwen, director of the Propaganda and Education Department of the Yan'an Intermediate People's Court, said: "Comrade Xie Jueya is one of the founders of the socialist rule of law theory and the people's judicial system in New China. During his time in Ruijin, Jiangxi, he participated in the drafting of the Election Law, the Land Law, the Labor Law, the Tax Regulations, the Regulations on the Punishment of Counter-Revolutionaries, and the Regulations on the Punishment of Corrupt Offenders. During the Yan'an period, he participated in the drafting of the Labor Law, the Land Law, the Marriage Law, and other laws and regulations, created a whole set of new laws and adjudication forms, formulated judicial regulations suited to the actual conditions of the border area, and was the main leader in the construction of the legal system in the Shaanxi-Gansu-Ningxia Border Region. ”

During the Third Civil Revolutionary War, Xie Jueya organized personnel from the Law Committee of the CPC Central Committee to draft draft laws such as the "New Democratic Constitution," the "Civil Law," the "Land Reform Law," and the "Regulations on punishing War Criminals," and made a great deal of legislative preparations to usher in the founding of New China. After the founding of the People's Republic of China, he participated in the drafting of various important legal documents, including the Election Law of the National People's Congress and Local People's Congresses at All Levels and the draft Constitution of new China.

Persist in personally reviewing case files and persist in judicial service to the people

In April 1959, Xie Jueya was appointed president of the Supreme People's Court.

For some time before that, courts in various localities reported death penalty cases to the Supreme People's Court in the form of telegrams, but the original case file was not reported. The first thing Xie Jueya did after taking office was to report to the central authorities for approval to reinstate the practice of the Supreme People's Court before 1956 that had to submit case files for the supreme people's court's judgment or approval of the death penalty.

At that time, the number of case files sent from all over the country was very large, and Xie Jueya insisted on personally reviewing the case files.

"If you don't read the case file, what else do you want the Supreme People's Court to do?" The Supreme People's Court is an organ exercising adjudication power on behalf of the people, and the approval of cases is a very serious matter that requires great caution. People have a head, killed wrongly, and the head can no longer grow when it falls to the ground. ”

"The president of the Supreme People's Court must not be named!" Human life is at stake, you know, the approval of the killing is stamped with Xie Jueya's seal, people kill wrong, those unjust ghosts come to me to settle the account, what should I do? ”

Zhang Yu, a retired veteran cadre of the Supreme People's Court who worked with Elder Xie, recalled: "In addition to correcting unjust, false and wrongly decided cases, in order to ensure the quality of death penalty cases, Elder Xie also advocated that the presidents of courts at all levels personally handle cases. To this end, he set an example by taking the lead in handling cases and reading the case files, so that some difficult cases could be correctly handled. ”

Xie Jueya demanded that court staff throughout the country should fully collect evidence, investigate and study, seek truth from facts, and arbitrarily judge cases if there is insufficient evidence.

He said: "In trial work, how to find out the facts is indeed an extremely complicated issue. In order to evade their criminal responsibilities, criminals often resort to methods such as disguise, fabricating facts, and even marrying others to divert targets and conceal the truth; some civil parties often distort facts and provide false evidence in order to achieve the purpose of their own litigation. If the adjudicators listen to the bias, it is easy to draw wrong conclusions. To this end, in determining a case, the main facts must be conclusive. All kinds of important evidence that can prove the guilt or innocence of the defendant must be collected, and it must be identified and effectively checked before it can be determined after complete verification. ”

Elder Xie's spirit of thoroughly being responsible to the people and his style of seeking truth from facts have deeply educated the comrades of the court.

Great importance is attached to the importance of adjudication documents to judicial fairness

The ultimate carrier for judicial organs to resolve disputes is the adjudication documents, and the quality of the adjudication documents is directly related to the authority and impartiality of the adjudication organs. Xie Jueya attaches great importance to the importance of adjudication documents to judicial justice, and he raises the rationality of adjudication documents to the height of judicial justice.

As early as 1942, Elder Xie said: "The pleading words of the complaint and the judgment of the case are all illustrative reasons, and people must understand it at a glance." "The judgment should be analyzed in a subtle and reasonable manner, so that the loser of the lawsuit cannot but be convinced." In the case of prosecution, the original judgment is always improper, or the judgment is correct but not clear, so that both cases are tired of appeal. ”

He believes that writing a verdict "rigidly quotes 'articles of several hundred and dozens' is something that the common people are unwilling to listen to." I intend to judge the case on the basis of the provisions, and the judgment should be very popular and reasonable. Those mentioned on the paper should be answered, and those not mentioned should also be thought of for him. Everyone claps their hands! It is also a practical form of social education. ”

Comrade Xie Jueya's life was a bright and upright life, a life of wholehearted service to the people, a life of uprightness and honesty, and treated others with sincerity.

In his later years, Elder Xie wrote a poem: "After walking for thousands of miles, I am still healthy, and I have endured thousands of hardships and fears." There may be dust and blemishes to be wiped away, and the heart and lungs can be opened to people to see. "This is exactly the portrayal of his life. (Ding Jia)