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.