Judges cannot be both referees and players

OFFICIALS OF THE LOCAL COURT AND PROCURATORATE in Lulong county, North China’sHebei province, attended a recent training session on attracting investments to boost the local economy that was sponsored by the local government, less than a week after the Supreme People’s Court officially prohibited their involvement in attracting investment. Beijing Youth Daily commented onWednesday:

The Lulong government defended the training session as necessary so the judges would be better able to mediate cases, but the judicial officials’ presence at a training session aimed at attracting investment is questionable.

It has to be made clear that administrative matters, ranging from attracting investment to urban relocation programs that often involve the demolition of resident’s homes, are the concern of local governments and it is the judicial departments’ job to make sure the cases brought to trial are fairly and properly dealt with.

Getting them involved in the implementation of executive orders could, on the one hand, mean they do not stay within the boundaries and obligations of judicial power. While on the other hand, giving judges assignments beyond their duties could overburden them at the cost of efficiency. That miscarriages of justice have been belatedly rectified in some cases is a case in point.

Judges have the duty to safeguard social justice and settle legal disputes. Attracting investments to boost the local economy in most cases features intertwined interests concerning local governments and non-local investors, as well as the demolition of old buildings and the construction of newones.

They should not be introduced as advisors and mediators to attract investments. There could be a risk of premature judicial intervention if the local officials insist that judges come to their aid whenever disputes occur.

That being the case, people have good reasons to question the local court’s role if it is both a player and a referee at the same time. It is important that judicial organs are not misused as an affiliation of the government.