Liu Jun
｜PROFILE
He is currently the vice president of the Administrative Trial Division of the Jiangsu Provincial High People's Court, a senior judge of the third level, a standing director of the Maritime Law Research Association of the Jiangsu Provincial Law Society, and a part-time teacher of the Jiangsu Judges College.
He was awarded the Advanced Individual in The Administrative Trial Work of the National Court, the Provincial May Day Labor Medal, the "Loyal Defender" of the Provincial Political and Legal System, the Advanced Worker of the Provincial Political and Legal System, the Outstanding Judge of the Province, the Outstanding Communist Party Member of the Provincial Court, and the Third Class Meritorious Service of the Individual.
After graduating from university in 1999, I came to work in the provincial court. Since his appointment as an assistant judge in the Provincial Court in 2006, he has been engaged in the trial of administrative cases.
In May 2015, courts across the country implemented the reform of the case registration system, which facilitated the reform and benefited the people, and the people enjoyed more "reform dividends", while the number of administrative cases faced by the courts was increasing day by day. In order to properly resolve administrative disputes and strive to shorten the trial cycle of cases, overtime outside the "eight hours" has become the "new normal" for judges of the Administrative Division. Over the years of administrative trial, a total of 1468 cases have been concluded, more than 2500 documents have been issued, and none of the cases have been issued or reformed. For many consecutive years, the number of cases concluded ranked first in the whole court, and the performance of judges ranked first in the whole court. Along the way, there are some experiences I want to share with you.
01
A good case is worth a dozen documents. Judges' main business is to hear cases, and excellent judges should have the ability to hear difficult, complex, and new types of cases.
Remember there was such a case. In a certain examination, Zhao mou was obviously suspected of cheating during the examination process, because he resisted the inspection of the invigilator, resulting in minor scratches on both sides, and some candidates in the examination room turned their heads to observe the development of the situation. The municipal examination institute used Zhao to disturb the order of the examination room as the reason, and invalidated all the examination results of Zhao in accordance with the law.
During the review of the appeal case, Zhao was emotionally fierce, repeatedly emphasizing that he had not cheated, and the invigilator should not pick up the examination paper for examination without obtaining evidence of cheating, which would affect his completion of the examination.
The grounds for this appeal are extremely challenging! At that time, the relevant legal norms were not sound, and there was no clear provision for the method of checking candidates suspected of cheating. How to protect the candidate's examination rights, the invigilator's right to proctor, and the examination rights and interests of other candidates, and which is preferred in the event of a conflict? It can be said that this is a difficult problem.
After repeated weighing, I have established the rule that candidates have the obligation to tolerate and cooperate with the inspection when they are obviously suspected of cheating from the perspectives of honest conduct, honest examination, equality between personal interests and public interests, and the unity of rights and obligations. The rules clearly support invigilators in exercising their right to invigilate examinations in accordance with the law, which is of positive significance for maintaining a good examination order, ensuring the fairness and impartiality of examination results, and cultivating a clean and healthy social trend.
The adjudication of this case has been unanimously recognized by all sectors of society, especially the competent departments of education and examination work institutions. The case was jointly selected as one of the 15th (2019) Top Ten Influential Litigation Cases in China by the Case Law Research Society of the China Law Society, the Judicial Case Research Institute of the Supreme People's Court, and academic journals and magazines such as Application of Law, China Law Review, and Southern Weekend. The case document also won the first prize of the Eighth National Administrative Trial Outstanding Business Achievement Document.
Cases are an important carrier for reflecting the judicial views of the courts. An influential case that the people pay attention to can promote the establishment of rules and promote the formation of excellent social customs. Since then, in the process of trial of cases, I have paid more attention to the adjudication of dispute cases and the establishment of relevant rules, and three cases have been accepted by the Provincial Court Gazette.
02
Use rules to unify the scale of adjudication. In the trial of cases, I pay special attention to the summary of trial experience and the refinement of adjudication rules.
Discovering problems in administrative acts and the trial of cases of lower courts and further seeking solutions to problems is the responsibility of administrative judges of higher courts and the main content of guidance given by higher courts to subordinates. In recent years, the administrative disputes caused by the expropriation and compensation of houses on state-owned land have shown an upward trend, and in the face of new situations and new problems, the review content and adjudication standards of the provincial courts for such cases have not been completely unified.
In order to better prevent the phenomenon of different judgments in the same case, with the support of the leaders and after extensively absorbing the wisdom of the whole court, I drafted the "Guidelines for the Trial of Several Issues Concerning the Administrative Cases of Housing Expropriation and Compensation on State-owned Land by the Jiangsu Provincial High People's Court". The Guidelines are of strong practical significance for guiding lower-level courts to hear, standardizing the content of review of similar cases, unifying adjudication standards, and guiding the government in expropriation and compensation in accordance with law. Other normative documents that I have completed include "Exploration and Standardization - Establishment of Criteria for Reviewing Legality in the Perspective of Trial Practice", "Opinions of the Higher People's Court of Jiangsu Province on Several Issues Concerning the Trial of Administrative Cases of Housing Expropriation and Compensation on State-owned Land and The Review of Non-litigation Enforcement Cases (Trial Implementation)".
03
Despite the large number of cases and the great pressure of trial, in order to substantively resolve disputes and achieve the organic unity of legal and social effects, I have always adhered to the priority of coordination and coordination according to law, and maintained a high rate of coordinated withdrawal of lawsuits every year.
At noon on September 11, 2019, I was writing paperwork when the phone rang suddenly and the doorman said that a party had an urgent matter to find me. Rushing to the gate of the court, Shen Mou, the wife of the party Shao, held the pennant and said excitedly, "Thank you Judge Liu, we have finally moved into the resettlement room." "Oh, half a year, the resettlement problem is finally solved!" I was immediately relieved.
Shao was seriously ill in bed for many years, and in the case that the problem of compensation and resettlement had not been completely solved, the house was demolished, resulting in his homelessness. Twice went to the local coordination, and finally signed a compensation and resettlement agreement, and Shao then withdrew the appeal. However, in the process of implementing the agreement, the delivery of the resettlement house has been problematic. In this case, I did not ignore the case because the case was closed, and contacted the relevant personnel of the management committee many times, and the problem of resettlement housing was finally solved.
"Judge Liu, can you take a picture with me?" My husband couldn't walk and couldn't thank you himself, so let me take a picture back. Holding the pennant and thank-you letter of "People's Judge for the People", looking at the earnest face of the person concerned, my eyes were moist. A judge should always remember that "you are not only handling a case, but someone else's life!" ”
In addition to heavy work, I have been a part-time teacher at Jiangsu Judges Training College for a long time. In order to improve the quality of teaching and cultivate high-quality adjudication talents, lessons have been carefully prepared and teaching methods have been continuously improved, and the teaching effect has been recognized and praised by the students. At the same time, many years of experience in administrative adjudication have taught me that to do a good job in source governance, the prevention of administrative disputes is more important than the resolution, and every year I am invited to train the reconsideration personnel and law enforcement personnel of administrative organs at all levels.
Spring and autumn, peach and plum are fragrant again. The construction of a society ruled by law and the realization of fair administration of justice require the joint efforts of law enforcement personnel and judicial workers. On this road, you and I walk side by side!
The power of example
Administrative Division: Zhang Yingying
I have imagined many times what kind of judge I will become in the future. After meeting Judge Liu Jun, my goal gradually became clear, and he was what I wanted to be.
When I first entered Ninghai, I had to meet a good teacher
In 2019, after graduating from Renmin University, I entered the administrative court, and although I accumulated some theoretical knowledge in school, I lacked experience in handling cases and felt quite unavoidable. Fortunately, the court attaches great importance to the work of "passing on help", Teacher Liu is both my chief judge and my master, and I am most accustomed to calling him "teacher". Teacher Liu was like a beam of light, illuminating my life at No. 75 Ninghai Road: when guiding me, he was both broad and rigorous, and every time he wrote the document and handed it to him, when he returned it to me the next day, the entire document was revised with a pencil, except for the supplementary reasoning part, even the improper wording was corrected one by one. This hand-in-hand guidance has continued to this day and has helped me a lot.
Justice serves the people and does not change its original intention
The eight words of "diligent and responsible, immersed in research" can just describe Teacher Liu. Behind the top case handling volume in the whole hospital, the typical cases praised by colleagues, and excellent documents are the fruits of the teacher's hard work of giving up rest time for many years and working overtime to try cases. The documents written by Teacher Liu are logical and thorough. I asked him where the secret was, he said, where there is a secret, the judge must achieve inner conviction before making a judgment, any ambiguity of details is irresponsible to the parties, to be able to make a judgment that complements jurisprudence, reason, and reason, so that the people can feel the warmth and care of the judiciary.
Teacher Liu's feelings of justice for the people have also gained the respect of the parties, last year I went to the entrance of the hospital to pick up the parties to the court, a party learned that I was Teacher Liu's assistant, asked me to bring him a pennant, which read "Fair and honest". Teacher Liu's eyebrows stretched when he received the pennant, and I understood that for a judge, this is the most gratifying thing.
Pass on the torch, young people chase dreams
I remember that when Teacher Liu drafted the "Guidelines for the Trial of Several Issues Concerning administrative cases of Housing Expropriation and Compensation on State-owned Land", he often called me to his office to proofread the draft together, and explained the changes to me one by one, and this guide was finally revised eight drafts. Just as the so-called words and deeds are taught, Teacher Liu used his actions to highlight the style and bones of judges, subtly influencing me, and also let me see the characteristics that a good judge should have, such as the political character of loyalty to the party; the sense of purpose of serving the people wholeheartedly; the work attitude of striving for excellence; the work style of loving the post and dedicating to the work; the fair and honest professional ethics...
Teacher Liu Jun's dedication, dedication, responsibility and perseverance reflect the group portrait of a generation of court people. Under the guidance of the example, we young cadres and policemen should also not forget our original intentions, keep our mission firmly in mind, and strive to be worthy of the times and the people.
Draft: Zhu Min
Editor: Zhao Fan
Review: Zhang Zhiping Sun Shuoben