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Judicial Disciplinary Systems For Incorrectly Decided Cases: The Imperial Chinese Heritage Lives On, Carl F. Minzner
Judicial Disciplinary Systems For Incorrectly Decided Cases: The Imperial Chinese Heritage Lives On, Carl F. Minzner
Faculty Scholarship
Local Chinese courts commonly use responsibility systems (mubiao guanli zeren zhi, zeren zhuijiu zhi) to evaluate and discipline judges. Judges receive sanctions under these systems for a wide range of behavior, such as illegal or unethical dealings with parties and lawyers, inappropriate courtroom behavior, and neglect of duty.
Many local court Chinese responsibility systems also discipline judges for simple legal error. Judges may face sanctions linked to the number of cases that are reversed on appeal, simply because the interpretation of law made by a higher court differs from that of the original trial judge. Sanctions include monetary fines and …