The High People's Court in the Ningxia Autonomous Region (kind of like a province, but with some marginally additional powers because of its sizable Hui population) has produced a stunning video to show off its thorough study and implementation of the Supreme People's Court (SPC)'s "Five Prohibitions" campaign. Stunning not the least for the ease with which those judges can bellow "it is strictly prohibited to have inappropriate contact with lawyers in violation of regulations" in one lyrical arc.
If I were going to write something political about the video, I would highlight its populist discourse, which is probably significant in light of SPC President Wang Shengjun's focus on popularization, rather than professionalization, of the judiciary. Really, I'm just fascinated with the images that some video editor threw together. At some level, it reminds me of how my brother and I used to act out the ten plagues at seder every passover, although I'd like to think that our visual sequences were more immediately related to the text at hand.
The video starts out with some fairly run of the mill proclamations, accompanied by innocuous photos of court staff looking all official:
People's courts are for the people
If I were going to write something political about the video, I would highlight its populist discourse, which is probably significant in light of SPC President Wang Shengjun's focus on popularization, rather than professionalization, of the judiciary. Really, I'm just fascinated with the images that some video editor threw together. At some level, it reminds me of how my brother and I used to act out the ten plagues at seder every passover, although I'd like to think that our visual sequences were more immediately related to the text at hand.
The video starts out with some fairly run of the mill proclamations, accompanied by innocuous photos of court staff looking all official:
People's courts are for the people
The Five Prohibitions are inscribed in our hearts
People's judges are for the people
Justice connects the hearts of the masses.
Then we get to the pedagogical content (0:32):
"It is strictly prohibited [for court staff] to receive gifts from parties involved in cases, and related persons."
But wait, there's a cut to a man attending to an apparently sick, elderly gentleman. Is this really what the SPC means by "receiving gifts?" In a January 8, 2009 document titled "Measures for Handling Violations of the 'Five Prohibitions,'" the SPC explains that this prohibition "refers to receiving money, invitations to eat, entertainment, travel, and other matters of interest from case parties, defense counsel, legal representatives, and other entrusted auditors, assessors, auctioneers, selling agents, appraisers, or other persons overseeing a bankruptcy, or persons affiliated with such entities." Visting the sick, definitely prohibited.
We are next informed (0:40) that "it is strictly prohibited to have inappropriate contact with lawyers in violation of regulations," against the backdrop of two very suspicious individuals shaking hands. This clearly rises to the level of "inappropriate contact with lawyers in violation of the Supreme People's Court and Ministry of Justice's 'Several Regulations on Standardizing the Relationship between Judges and Lawyers in order to Protect the Impartiality of Justice' and other related SPC regulations." Check the high-collared blouse for a money-filled envelope.
The camera lingers (0:44) with distrust on a dude in a forest green vest, aggressively encouraging his new friend to pose for a group photograph. We now know that this is no good, under the principle that "it is strictly prohibited to meddle in or make inquiries in cases handled by others," which "refers to violating regulations by meddling in, interfering in, making inquires about, or asking about other [judges'] cases, or using one's influence or interceding or other such behavior directed at the leaders, collegiate tribunal members, or single judge appointed to try a case, or other auxiliary personnel of the units or departments handling cases."
Watch out, because, the next image (0:50) stands in for two prohibitions, so whatever is going on must be really seriously and no-kiddingly strictly prohibited. A Ningxia High People's Court truck hauling cargo through the snow is not only violating "the strict prohibition on practicing favoritism when entrusted to carry out appraisals and auctions" (practicing favoritism or looking out for one's own interests when entrusted as an auditor, assessor, auctioneer, selling agent, appraiser, or other person overseeing a bankruptcy, by carrying out malicious collusion, fraud, or other illegal manipulation with relevant organs and personnel), but also for that matter violating "the strict prohibition on divulging secrets about cases being tried" (divulging the specific situations and other secrets about the trial or enforcement of cases, obtained from case discussions of the collegiate tribunal or the case trial committee). You've got to credit the composer (徐安) for how nicely that last prohibition flies off the tongue.
At this point, there's a bit more self-congratulation, although I'm starting to suspect that the truck is actually delivering some sort of relief supplies, which in any event must be punishable by various forms of administrative discipline, some of them extra-legal, even, but for various reasons, that's probably not written down.
Then we get to the pedagogical content (0:32):
"It is strictly prohibited [for court staff] to receive gifts from parties involved in cases, and related persons."
But wait, there's a cut to a man attending to an apparently sick, elderly gentleman. Is this really what the SPC means by "receiving gifts?" In a January 8, 2009 document titled "Measures for Handling Violations of the 'Five Prohibitions,'" the SPC explains that this prohibition "refers to receiving money, invitations to eat, entertainment, travel, and other matters of interest from case parties, defense counsel, legal representatives, and other entrusted auditors, assessors, auctioneers, selling agents, appraisers, or other persons overseeing a bankruptcy, or persons affiliated with such entities." Visting the sick, definitely prohibited.
We are next informed (0:40) that "it is strictly prohibited to have inappropriate contact with lawyers in violation of regulations," against the backdrop of two very suspicious individuals shaking hands. This clearly rises to the level of "inappropriate contact with lawyers in violation of the Supreme People's Court and Ministry of Justice's 'Several Regulations on Standardizing the Relationship between Judges and Lawyers in order to Protect the Impartiality of Justice' and other related SPC regulations." Check the high-collared blouse for a money-filled envelope.
The camera lingers (0:44) with distrust on a dude in a forest green vest, aggressively encouraging his new friend to pose for a group photograph. We now know that this is no good, under the principle that "it is strictly prohibited to meddle in or make inquiries in cases handled by others," which "refers to violating regulations by meddling in, interfering in, making inquires about, or asking about other [judges'] cases, or using one's influence or interceding or other such behavior directed at the leaders, collegiate tribunal members, or single judge appointed to try a case, or other auxiliary personnel of the units or departments handling cases."
Watch out, because, the next image (0:50) stands in for two prohibitions, so whatever is going on must be really seriously and no-kiddingly strictly prohibited. A Ningxia High People's Court truck hauling cargo through the snow is not only violating "the strict prohibition on practicing favoritism when entrusted to carry out appraisals and auctions" (practicing favoritism or looking out for one's own interests when entrusted as an auditor, assessor, auctioneer, selling agent, appraiser, or other person overseeing a bankruptcy, by carrying out malicious collusion, fraud, or other illegal manipulation with relevant organs and personnel), but also for that matter violating "the strict prohibition on divulging secrets about cases being tried" (divulging the specific situations and other secrets about the trial or enforcement of cases, obtained from case discussions of the collegiate tribunal or the case trial committee). You've got to credit the composer (徐安) for how nicely that last prohibition flies off the tongue.
At this point, there's a bit more self-congratulation, although I'm starting to suspect that the truck is actually delivering some sort of relief supplies, which in any event must be punishable by various forms of administrative discipline, some of them extra-legal, even, but for various reasons, that's probably not written down.
The second time through the enumeration of the prohibitions (at 1:50), we accompany some court staff down a dirt path. This is unauthorized travel at the least, not to mention that we are witnessing some seriously improper inquiries into case status. By the time we're in the bearded dude's house (there is an ongoing foreclosure auction), we know from the nods and smiles all around that case secrets are being divulged faster than a Ningxia sandstorm will deposit sediment in your morning tea.
The third time through, the self-congratulatory paean is full-blown narcissism, with the judges stoically in place. By this point, I'm a bit more doubtful than ever that justice ties their hearts to mine.
Thanks to Josephine Lau for a translation suggestion, and to Otto Malmgren for circulating the video link (originally at http://www.nxfy.gov.cn/99/
1 comments:
That is some zany althusserian shit!
Post a Comment