Zhang Jun: Trial implementation must resolutely overcome local protectionism and strictly guard against profit-driven law enforcement and justice.

On January 13th, Supreme Court Chief Justice Zhang Jun emphasized in a speech at the National High Court Chief Justices’ Conference that local protectionism must be resolutely overcome in trial execution work, and that law enforcement justice must be strictly prevented from being profit-driven. The judiciary should use the power of law to ensure that the market order is fairly and universally observed, and should impose severe punishment on crimes that disrupt the socialist market economic order.

Over the past year, the people’s courts have adhered to the maintenance of the socialist market economic order in accordance with law. The Central Economic Work Conference requires that the relationship between an effective market and an effective government should be coordinated to form an economic order that is both “dynamic and well-managed.” Zhang Jun stated that the judiciary should ensure that the market order is fairly and universally observed by exercising the power of law, and impose severe punishment on criminal activities that disrupt the socialist market economic order. He also noted that under the current economic situation, some crimes that disrupt the market economic order have shown an upward trend, which must be taken seriously. It is necessary to accurately assess the social harm caused by crimes that disrupt the market economic order, which should not only look at the visible harm such as property loss but also focus on its deeper impact on market order. Crimes such as fraud against the elderly and weak, production and sale of toxic and harmful food and drugs, and harming farmers must be severely punished. It is necessary to select some typical cases with small amounts of money involved but severe nature and harm to make publicity and warning to the public, so that those who disrupt the market economic order will know to stop, abandon their plans, and dare not do it again.

Meanwhile, it is necessary to assist in preventing and resolving major risks. We must adhere to the principles of legality and marketization, conduct thorough research on major legal and policy issues, fully leverage the institutional advantages of the party’s overall planning and coordination of all parties, advance risk disposal in a cautious manner on the track of rule of law, strengthen unified guidance, and never allow “personalization of assets, corporatization of debts, and socialization of risks.”

Zhang Jun also stated that new situations and problems in market economic operation should be thoroughly studied to strengthen the supply of judicial policies and rules. With the vigorous development of new industries, new formats, and new models, market rule construction has certain lagging characteristics. When some disputes reach courts, judicial rules are needed to provide guidance. For those that have reached a consensus, they should be clarified to the whole society through judicial interpretations and guidance cases; for those that have not yet formed a consensus but are in practical demand, judicial guidance can be transmitted through typical case trials and included in case libraries to promote consensus, stabilize expectations, and regulate order. For prominent issues that disrupt the market economic order, in-depth analysis should be conducted on the deep-level causes of judicial regulation, administrative supervision, institutional governance, etc., and joint efforts should be made with relevant departments to conduct targeted rectification work to help create a fair and equitable market environment as well as a clean business environment.

Zhang Jun also emphasized in his speech that local protectionism must be resolutely overcome in trial execution work, and law enforcement justice must be strictly supervised to prevent it from being profit-driven. Specifically, we should view judicial power as a central political responsibility and recognize the serious harm of profit-driven law enforcement from the strategic height of unblocking domestic circulation and building a unified national market. The review of relevant cases should be strengthened in accordance with law, focusing on expansion of jurisdiction, artificial creation of jurisdiction through transfers, light sentences that induce admission of guilt and punishment, and mechanisms for identification, disposal, and prevention should be established and improved. It is necessary to support and supervise administrative organs to依法行政、守信践诺, correct illegal intervention in economic disputes by administrative means through legal supervision. Judicial supervision should be strengthened over administrative enforcement measures such as查封、扣押、冻结and administrative compulsory execution. The property rights and legitimate interests of various business entities should be protected equally in accordance with law. In treating private enterprises, we must uphold a unified approach of support, promotion, regulation, and guidance, as well as a unified approach of lawful protection and equal treatment.