The story about “Three-Supremacies”

The story about “Three-Supremacies”

The birth of “Three-Supremacies”: From Party Lint into State value

The ideal of “Three-Supremacies” had been promoted as the core value of “Socialist Rule of Law,” which was first been promulgated by General Secretary Hu Jingtao at National Politics and Law Conference in 2007. “Three-Supremacies” mean “always upholding Supremacy of CPC business; Supremacy of the People’s interest and Supremacy of Constitution and Law.”[1] Although the National Politics and Law Conference in 2007 were attended by Senior Judges and Procurators and other judicial staffs, this conference and “Three-Supremacies” were not a state action. From official news report, we discovered that Hu jingtao came with the Party title of “General Secretary” instead of “President,” which means he represented party rather than state in this meeting. From this clue, we could safely say Three-Supremacies was first promulgated from Party line then expanded into State apparatus.

The process of transforming a party line into state policy followed a same routine. First, party internally discusses and determines a policy. After party publicized their new policy, a political campaign will started national wide among party members. Then, all party organs in state apparatus will heavily study and discuss the new policy. In our story, all party organs in China’s Justice System and law schools will heavily study and discuss “Three-Supremacies.” Party organ leader, who also serve as leader in relevant state departments, agencies, offices will later determine the latest party policy as their institutional value. Because 90% of the state staffs are party members, it is easy to have a policy transit from Party line into a state value.

“Three-Supremacies” Lost its Charm?

At the very beginning, the ideal of “Three-Supremacies” suffered flooding criticisms from the legal professionals privately. Even though the authority is strongly promoting “Three-Supremacies”, privately, it suffered most severe attacks and complaints by countless legal professionals and scholars. Many people considered it as a shame of China’s legal development. The biggest challenge of this ideal is “Who is the real Supremacy?[2]” Behind legal professionals’ contemptuous view on this ideal is Chinese people’s outcry and disappointments to the disproportional development of China’s judicial system. Such outcry is flamed by media coverage of Justice System’s poor reputation and corruption; flamed by society’s comparison between more developed western legal market and Chinese under developed legal market; and flamed by Party’s insensitive about society’s demanding for more independence for judicial system.

As a former Chinese law school student, I personal experienced numerous people’s reaction to “Three-Supremacies.” Based on person experience, it would be gentle to say people despise “Three-Supremacies.” Recently, it seems that there is a trend that “Three-Supremacies” lost its charm and popularity. When I did Google news research, there was no single news about studying or promoting “Three-Supremacies” after April 27^th of 2012.[3] Also recently, there are few articles analyzed new leader Xi’s speech indicated CPC may not continuing Three-Supremacies . At least, deemphasized Party’s presentation in Justice System.

New leader in CPC Politics and Law Committee

Under current Chinese’ Party-State Constitution structure, Party organs that build within Chinese Justice System are under the leadership of Politics and Law Committee of CPC. The secretary of Politics and Law Committee is the leader for every CPC member Judges, Procurators and Judicial staffs. The previous sectary of PLC, Zhou Yongkang, was an advocator of “Three-Supremacies,” which offended numerous Chinese legal professionals. Most importantly, Zhou’s suspicious close relation with Bo made Zhou extremely unpopular in China after the events of Bo and Wang lijun. In November of 2012, Zhou was replaced by Meng xianzhu temporally. The most shocking decision Meng made at his term was about abolishing Re-education through labor system.[4] Re-education through labor system has been known as Laojiao and constantly subject to severe criticisms by human rights groups. There are solid evidence indicates that Laojiao system had been utilized by some governments as a tool against people who could possibly bring undesired negative attentions from media over local government’s legally and morally questionable conducts.

None of Meng and Xi did mention “Three-Supremacies” in their discussions about “China’s socialist Rule of Law” Xi emphasized that “Judicial System should aim at making people feel justice.” Meng emphasized that “Professionalism for the judicial system.”[5] The new secretary of the CPC Politics and Law Committee is Wang Yongqi, who just took the position on April 22 of 2013. Unlike Zhou and Meng, who only had engineering backgrounds and zero experience in legal world, Wang graduated with Law major in one of the high prestigious law school Jilin University, famous for Constitution Law and Legal theory, and later did research works at Peking University (Beijing University). His previous position was State Council Law working committee. Under current view, he is a technocrat in China’s politics structure, who experienced in policy and law.

Conclusion

It is still too early to tell whether “Three-Supremacies” will be abandoned. However, the trend of “Professionalism” and the ideal of “Rule of Law” will be studied and discussed more by CPC and Chinese legal world. Meanwhile, under China’s Party-State Constitution structure, CPC and China’s legal world will continuing seeking theories to structure socialist Rule of Law with China’s characteristic like socialist market economy with China’s characteristic. 

---

[1] One thing need worth to notice is the fact that Google research did not give Xinhua News and People’s Daily’s publication on Hu’s speech on this ‘important’ ideal. This could one of many evidence indicating the declining popularity of “Three-Supremacy.” “Three-Supremacy” see wikipieda. http://en.wikipedia.org/wiki/Three_Supremes

[2] He weifang, one of the most well known Constitution scholar in China, he write blog “ Three-Supremacy: Who really supremacy after the new campaign promote this ideal.”http://blog.sina.com.cn/s/blog_488663200100atga.html

[3] There will be many reasons for this result. However, it at least indicate the declined popularity of “Three-Supremacy.”

[4] Re-education through labor. Re-education through labor (RTL) (simplified Chinese: 劳动教养; traditional Chinese: 勞動教養; pinyin: láodòng jiàoyǎng), abbreviated (simplified Chinese: 劳教; traditional Chinese: 勞教; pinyin: láojiào) is a system of administrative detentions in the People's Republic of China which is generally used to detain persons for minor crimes such as petty theft, prostitution, and trafficking illegal drugs, as well as religious or political dissidents such as unregistered Christians or Falun Gong adherents. It is separate from the much larger laogaisystem of prison labour camps, estimated to hold millions of people. http://en.wikipedia.org/wiki/Re-education_through_labor

[5] 解析政法委改革风向：政法工作向“法治化”推进China Newweek. 2013/4/28. ”Interpreting the new trend of Judicial reform ‘Toward Rule of Law’” http://www.chinanews.com/gn/2013/04-28/4774066_2.shtml

Blue book citation Rule 20.2 Non English Language Document Chinese

Rule 20.2 Non English Language Document

When citing a document in a language other than English, always give the document's full title or name in the original language the first time the document is cited. if desired, the original-language title may be followed by brackets containing its shortened or full-length English title in the same typeface as the original:

capitalization: capitalize names and titles in language other than English as they appear on the page. Capitalize translations according to rule 8

rule 8:
Headings and Titles:
do not capitalize articles, conjunctions  o prepositions when they are four or fewer letters, unless they begin the heading or title, or immediately follow a colon.

Intent main page titles and URLs: Capitalization according to the actual capitalization of the source.

Text

Chinese language romanization
For citations o Chinese language sources, always provide romanization as instructed. Also provide Chinese character for authors, titles and case names. Generally add an English translation or shortened form in English as provided in rule 20.2.2


Abbreviations
abbreviate according to T 6,7,10 and 13

Zuigao Renmin Fayuan                            Sup. People's Ct.
Shanghai Zhongji Remin Fayuan              Shanghai Interm. People's Ct.
Guowuyuan                                             St. Council
Quanguo Remin Daibiao Dahui Changwu Weiyuanhui   Standing Comm. Nat'l People's Cong.
Zhonguo Falu Nianjian                             Law Y.B. CHINA


Chinese personal names
when citing a Chinese author or editor's name, regardless of jurisdiction or place pf publication, follow rules 15.1 and 16.2 giving the full name in the order it appears on the document. Repeat the full name in subsequent short citations to the source. For Chinese personal names in case citations, follow rule 10.2.1

in Chinese language source the name is surname first
in English text, it could surname last or first.

Chen Hongyi (陈弘毅), Fazhi Qimeng yu Xiandai Fa de Jingshen (法制启蒙与现代法的精神) (1998).

Constitution
XIANFA article x, section (year) (country abbreviation if not evident from context).
Zhonghua Remin Gongheguo Xianfa  XIANFA

XIANFA art. 35, § 1 (1982) (China).
XIANFA. pmbl.

Gongtong Gangling [THE COMMON PROGRAM OF THE CHINESE PEOPLE'S POLITICAL CONSULTATIVE CONFERENCE]art. 1, § 1 (1949) (China). 

XIANFA art.35,  § 1 (1954) (China).

Laws
romanized Chinese law name (Chinese law name) [English translation of name or short name] (promulgated by enactin/ adopting authority, promulgation date, effective date) Volume number source first page pages of specific material (country abbreviation if not evident from context)

Lifa Fa (立法法) [Law on Legislation] (promulgated by the Standing Comm. Nat'l People's Cong., Mar. 15, 2000, effective July 1, 2000) STANDING COMM. NAT'L PEOPLE'S CONG. GAZ. 112 (China)


Lifa Fa (立法法) [Law on Legislation] (promulgated by the Standing Comm. Nat'l People's Cong., Mar. 15, 2000, effective July 1, 2000) 1990-1992 FALU QUANSHU 1268 (China), translated in  14 P.R.C. LAWS & REGS V-03-00-101.

Rules and Regulations
Same as above

cite the source published by or with the cooperation of a court or government agency

Guowuyuan Gongbao St. Council Gaz.
Yaopin Jiandu Xingzheng Chufa Chengxu Guiding (药品监督行政处罚程序) [Provisions on Procedures for Administrative Penalties of Drug Supervision] (promulgated by the St. Food & Drug Admin., Mar. 28, 2003, effective July 2, 2003) ST. COUNCIL GAZ., Oct. 20, 2003, at 19 (China)


Periodicals Rule 20.6
Name, name of article [English], 38 journal name 419 (1986) (China.).
Chen Hongyi (陈弘毅), Fazhi Qimeng yu Xiandai Fa de Jingshen (法制启蒙与现代法的精神) [The Enlightenment of Rule of Law and Sprite of  Modern Law], 38 journal name 419 [abbreviation of journal or English](1986) (China.). [hereinafter xxx]

xyz, supra. Note 10 at 12.


Chen guangzhong, Zen xinhua ( 陈光中，曾新华), Jianguo Chuqi Sifa Gaigge Yundong Pingshu (建国初期司法改革运动述评) [Comments on Judicial Reform Program at the Beginning of the country ], 6 Faxue Jia [Jurist] 1 (2009) (China.).

光博：《法律必须服从党的政策》，载《法学》1958年第5期
Guang bo (光博), Falu Bixu Fucong Dang de Zhengce (法律必须服从党的政策) 5 [Law Must be Consistent with Party's Line],  5 Faxue [Legal Science]  54 (1958) (China.).

Wang nairong, Chen qiwu (王乃濚, 陈启武), Dui Remin Fayuan Duli Jingxing Shenpan Zhi Fuvong FalU De Li Jie (对人民法院独立进行审判 只服从法律的理解) [Interpretation of the Principal People's Court Adjudicate Cases Independently According to Law], .” 2 Faxue [Legal Science]  31 (1958) (China.).


Book
Chen Hongyi (陈弘毅), Fazhi Qimeng yu Xiandai Fa de Jingshen (法制启蒙与现代法的精神) (1998).


Rule 15.1
Andrew G. Ferguson, Continuing Seizure: Fourth Amendment Seizure in Section 1983 Malicious Prosecution Cases, in 15 Nat' L LAWYERS GUILD, CIVIL RIGHTS LITIGATION AND ATTORNEY FEES ANNUAL HANDBOOK 54-1 (Steven Saltzman ed., 1999).

Abc, Xa Yb Zc, in XYZABC 123,123 (XYZ ed., 1990).

BLACK'S LAW DICTIONARY 12 (9th ed. 2009).









Internal Cross Reference
portion o text, footnotes, and groups of authorities within the piece may be cited using supra or infra
supra: Use this to refer back o material that has already appeared within the piece.
Infra: refer material that appears later in the piece.
p. or pp.

example:
See supra pp. 106-07.
See infra Table 3.
See supra Figure 2.
See cases cited supra note 22.

Supra hereinafter
these mat be used to refer

1. legislative hearings
2. court fillings
3. books
4. pamphlets
5. reports
6. unpublished materials
7. non print resources
8. periodicals
9. services
10. treaties and international agreements
11. regulations
12. directives 
13. decisions of intergovernmental organizations 
14. internal cross-references

it should not be used to refer

1. cases
2. statues
3. constitutions 
4. legislative materials
5. restatements 
6. model codes
7. regulations 
8. exception: name of the authority is extreme long 

example:
abcdefghijklmn.....[hereinafter xyz]

after the first citation of the authority, but before any explanatory parenthetical, place the word hereinafter and the shortened form in brackets. the shortened form should appear in the same typeface as in the full citation. in subsequent citations, cite the authority using the shortened form followed by a comma and the appropriate supra cross-reference

example:

1. xyz12345 [hereinafter xyz] (explanatory).
2. www
3. supra note 1, at 33 (xxx)


Id.
it used in citation sentence and clauses for any kind of authority except internal cross-references. when citing the immediately preceding authority. the period at the end of id is always italicized.

1. xyz
2. Id. at 34.

1. xyz; see also Id. 

Blue book citation

Blue book citation
Electronic source;

Rule 1; cite materials as print unless electronically it much easier to access.

if the electronic source is the only known source, then no need to remind anything.
if the electronic source is a parallel reference to print one, ("available at")

Name XYZ, Ttitle X Y Z, 2002 (1) J. Info. L. & Tech., http:// www. xyzxyz.xyz/xyz/123

Name XYZ, Title XYZ, available at http:// www. xyz.xyz/123. (last visited  Oct. 15, 2012).


Treaty 
Rule 1; three elements for citing a treaty, international convention, or other material:

The name of the treaty or agreement
The date of signing or approval 
A source for the text likely to be accessible to the reader

North American Free Trade Agreement, U.S.-Can., Mex., art 705 (3), Dec. 17, 1992, 32 I.L.M. 289 (1993). 
Name XYZ, art xyz, Month. date, Year, source

United Nations Convention on the Rights of the Child, Nov. 20, 1989, http:// www. xyz.xyz/123

Geneva Convention Relative to the Treatment of Prisoners of War art 4.A.3, 
Aug. 12, 1949, 75 U.N.T.S. 135.


Book
Author, Title of Book, page xyz or section chapter xyz (Year of publication) or (x ed. Year)

Wayne R. LaFave & Austin W. Scott, Crinminal Law § 5.4 (2d ed. 1986).


Id.
Id. § 9.4.

Use supra if not referring to the immediately preceding authority.

Institution works
Enron Corp. , 2000 Annual Report 30 (2001).

Nolan J. Malone, U.S. Bureau of the Census, Evaluation Components of International Migration: Consistency of 2000 Nativity Data (2001).


Journal 
Name, Title, 50 Ohio St. L.J. 753 (1989)

James Wilson Harshaw III, Not Enough Time? : The Constitutionality of Short Statue of Limitations for Civil Child Sexual Abuse Litigation, 50 Ohio St. L.J. 753 (1989)

China Chang-Chun Railway, History and Implication

China Chang-Chun Railway (中国长春铁路 Pin yin: Zhong guo chang chun tie lu), commonly abbreviated by  Chinese academics as Zhong Chang Railway (中长铁路 Pin yin: Zhong chang tie lu),  is also known as Trans-Manchurian line. As one route of the Trans-Siberian Railway network it provided a shortcut for the world's longest railway that connecting Moscow with Russian Far East and the Sea of Japan.[i]

China Chang-Chun Railway was first been called as Chinese Eastern Railway [ii](CER) when it constructed. This is a T shape line, the east to west line starts from Manchurian and ends at Suifenhe. South line starts from the center of the CER, Harbin, leading southwards along the Liaodong Peninsula to the ice-free water port at Lüshun. 

Headquarter of South Manchurian Railway  

International relation

The South branch of CER or South Manchuria Railway and Lüshun in Liaodong Penisula became essential to the international relations[iii], which  concerns three regional powers, China, Russia and Japan.

In 1896 imperial Russia made the request of construction of CER  to Qing dynasty. After CER completed for construction,  the increasing power of Imperial Russia in Liaodong Penisula, and profits of CER finally drew an attention of Imperial Japan and concerns[iv] of Japan's northern board safety, which ultimately led to a costly Russo-Japanese War during 1904 and 1905. This war and subsequent Treaty of Portsmouth projected dynamic effects to Pacific power for the next centuries on three aspects. First, the financial burden of the war brought strong protests  in Russia and Japan. For Imperial Russia, the lost of war and Far East interest incensed 1905 Revolution[v], which resulted the establishment of limited constitutional monarchy and the State Duma of the Russian Empire. For Imperial Japan, people were furious against government's tax increase for budget deficit after the war, which could prevented if government would have made Russian pay for the war in Portsmouth Treaty.[vi] After Hibiya Incendiary Incident, the military factions in Japan gained more advantages from  protests in political fights. Ultimately, military faction was free from state budget restraints and only be responsible for the Emperor, which gave them  freedom to execute territory expansionism. Second, the Treaty of Portsmouth[vii] that initiated under the direction of President Theodore Roosevelt gave United States a great chance to involve Far East diplomacy. For example  Prior to the Portsmouth Treaty, America allowed Japan's control over Korea on the conditions of US's dominance in Philistine[viii] in Taft–Katsura Agreement. Third, the distribution of the Liaodong Peninula  interest by  West Powers deepen the disputes among Russia, Japan and China ever since the war. In particular, the administration and ownership of South Manchuria Railway became an obstacle between Sino-Soviet relations. The process of transfer of the railway interest[ix] in post World War II caused many unpleasant discussions between the two regional powers and later developed into a larger irreconcilable disputes that resulted Sino-Soviet Split. Moreover, the Treaty was not satisfy Japan's expectation of fully control over entire Sakhalin. The Sakhalin issue became a ghost that challenged regional politics and international relations even today. 

---

[i] Trans-Siberian Railway, see http://en.wikipedia.org/wiki/Trans-Siberian_Railway

[ii] The name of this railway had been changed multiple times during its history. These names can best reflect the power that really controlled it. It was first been called as the Chinese Eastern Railway (CER东清铁路, Pin yin Dong qing Railway.) the Chinese literature means Eastern Qing Railway, which suggested railway under de factor ownership of Qing dynasty. Later in 1905, South Manchuria Railway Zone of CER were transferred to Japan by the Treaty of Portsmouth. Then it had been known as South Manchuria Railway (南满铁路, Pin yin Nan man tie lu), which suggested the ownership by Manchuria government, a puppy state set up by Japan.

Chinese Eastern Railway, see http://en.wikipedia.org/wiki/Chinese_Eastern_Railway

[iii] Liaodong Peninsula see http://en.wikipedia.org/wiki/Liaodong_Peninsula

[iv] After the first Sino-Japanese War of 1894-1895, imperil Russia gained the right to build CER as well as rights to occupied Northern Manchuria by large groups of army.

[v] See http://en.wikipedia.org/wiki/Revolution_of_1905

[vi] Hibiya Incendiary Incident, see http://en.wikipedia.org/wiki/Hibiya_Incendiary_Incident

[vii] The Treaty of Portsmouth formally ended the 1904-05 Russo-Japanese War. It was signed on September 5, 1905 after negotiations at the Portsmouth Naval Shipyard in Kittery, Maine, in the United States. In accordance with the treaty, both Japan and Russia agreed to evacuate Manchuria and return its sovereignty to China, but Japan leased the Liaodong Peninsula (containing Port Arthur and Talien), and the Russian rail system in southern Manchuria with access to strategic resources. Japan also received the southern half of the Island of Sakhalin from Russia. See http://en.wikipedia.org/wiki/Treaty_of_Portsmouth

[viii] See http://en.wikipedia.org/wiki/Taft%E2%80%93Katsura_Agreement

[ix] The rights of the railway had been transferred multiple times, which makes the problem more complex. During the 1917-1924 (Russian Civil War) the Russian part of the CER came under the administration of the White Army.After 1924, the USSR and China administered the Northern CER jointly, while Japan maintained control of the southern spur line.The Sino-Soviet conflict of 1929 was fought over the administration of the Northern CER. From August 1945, the CER again came under the joint control of the USSR and China. Somewhat reversing Russia's stinging losses in 1904-1905, after World War II the Soviet government insisted on occupying the Liaodong Peninsula but allowed joint control over the Southern branch with China; all this together received the name of the "Chinese Changchun Railway" see http://en.wikipedia.org/wiki/Chinese_Eastern_Railway

Biographical Resources: A Research Guide

Here are some online resources that provide useful tool for research

Book reviews a Finding guidance, (finding articles full text)

ABELL

Bibliography of Asian Studies (BAS)

Bibliography of the History of Art (BHA)


IBZ (International Bibliography of Periodical Literature)
         IBZ is an index of periodical literature covering basic research from all fields of knowledge, and is     particularly strong in the humanities and the social sciences.


IBISWorld
         IBISWorld provides over 700 full-text industry reports, 700 US industry risk rating reports, and information on over 8000 Publicly Traded US Companies as well as hundreds of economic and demographic profiles.

Periodicals Index Online


Project Muse
          Project MUSE is a unique collaboration between libraries and publishers providing 100% full-text,  affordable and user-friendly online access to high quality humanities, arts, and social sciences journals from scholarly publishers.

Ren min ri bao (People's Daily) [1946-2011]

CCCPC Literature Research Office http://www.zywxpress.com/