Chinese Judge Sacked After Lamenting Government Interference

Chinese judges in court.

Chinese judges in court.

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From NetEase:

Henan Judge Who Lamented That “Interference By Government Leaders Makes Job Difficult for Judges” Sacked From Position

According to a ChinaNews report, the media previously reported “Henan Luohe Judge Sighs: Interference By Government Leaders Makes Job Difficult for Judges”. On the 7th, the Luohe Municipal Intermediate People’s Court issued a bulletin indicating that this judge “made untrue remarks after drinking”.

Luohe city residents Cheng Jianwei and Zhou Ying had a loan agreement between themselves. After signing the agreement, Cheng Jianwei only repaid 300,000 yuan, still owing 1,250,000. As a result, the two parties went to court. 2013 July, the Luohe city Yancheng district People’s Court made a judgement in the first instance [trial], ordering Cheng Jianwei to repay the plaintiff Zhou Ying 1,250,000 yuan plus interest. Cheng Jianwei appealed, and the Luohe Municipal Intermediate People’s Court’s final ruling was that Cheng Jianwei repay Zhou Ying 963,500 yuan in principal and interest. Zhou Ying was intensely dissatisfied with this and filed an appeal with the Henan Provincial High People’s Court, suing Luohe Municipal Intermediate People’s Court Judge Chen Hongmin for circumventing the law.

Around September this year, Luohe Municipal Intermediate People’s Court Civil Court Deputy Presiding Judge Chen Hongmin insisted in an interview that there was nothing wrong with his ruling and then poured out his grievances. Chen said, “The Cheng Jianwei in this case is a relative of a government leader in the provincial capital and this leader put in a word [contacted] Luohe Municipal People’s Congress Standing Committee Deputy Director Shao Chengshan. Director Shao then put in a word with the head of the court (Luohe Municipal Intermediate People’s Court) Wang Ye that he look after Cheng Jianwei’s case. Wang Ye then put in a word with me asking me to look after the case, so you tell me, could I have not listened/obeyed?! My friend, being a judge is really hard!” “I am the fairest judge in Luohe Intermediate Court, and this is my worst ruling in all the cases I have presided over. Zhou Ying and Cheng Jianwei have both appealed to the Provincial High Court. I go through so much trouble and both sides aren’t satisfied,” Chen Hongmin said.

Chinese judges.

December 7th, the Luohe Municipal Intermediate People’s Court sent this reporter a “Bulletin on the Investigation Results Concerning ‘Luohe Judge Rues Government Leader Interference Makes Job Difficult for Judges'”, writing: “2014 September 4th, after the media reported ‘Henan Luohe Judge Rues: Government Leader Interference Makes Job Difficult for Judges’, the (Henan) Provincial Court Disciplinary Inspection Office and Luohe Intermediate Court Disciplinary Inspection Group conducted an earnest investigation into the matter, and now releases the following investigation results.

‘Through investigation, on 2014 August 28, after Luohe Intermediate Court Civil Court Deputy Presiding Judge Chen Hongmin accepted an media interview concerning the case he was on, he privately invited the journalist to dinner and made remarks that were untrue while drunk, causing serious harmful effects. Also revealed in the investigation, the principals of both parties in the case involved are unhappy with the ruling of the second instance [trial] and both have appealed for a retrial, and our court has already started the procedures for a retrial.

Our court has decided to give Chen Hongmin a serious demerit as punishment and, in accordance with the relevant regulations, propose to the Municipal People’s Congress that they remove Chen Hongmin from his position as deputy presiding judge in civil court, and as a judge.

Comments from NetEase:

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6cdd418586ac81f5b0257153 [网易山西省朔州市手机网友]:

A judge that speaks the truth.

网易四川省成都市手机网友 ip:110.184.*.*

These days, I want to be a good person, but it is truly too hard.

一生有你爱你 [网易河南省许昌市手机网友]:

The reasons for being sacked was first for speaking the truth, and second for using his own money to treat someone to a meal.

网易黑龙江省绥化市手机网友 ip:1.61.*.*

It seems to be that Luohe Intermediate Court’s leaders [officials] need to be investigated, as well as the two who put in a word. These days honest and upright people are hard to find. What more, whether or not a remark is true is not something your organization can arbitrarily decide, but instead requires a third party’s involvement and investigation. I support this judge who defies the powerful. Society needs people like this.

网易山东省聊城市手机网友 ip:124.135.*.*

This is called spitting out the truth when drunk!

网易重庆市手机网友 ip:106.84.*.*

A judge spends his own money treating a journalist to a meal, during which he then throws shit on the heads of government leaders. Then when the journalist exposes it, he is removed from his position. Is this insulting the judge’s intelligence? Or is this insulting our intelligence?

小少晗 [网易美国手机网友]:

It must be carefully investigated, just who are the government officials involved in this.

禾口言皆弓虽丁页 [网易山东省济南市手机网友]:

The moment you deny/refute a rumor is the moment I understand the truth.

鲁周园 [网易江苏省南京市手机网友]:

I think I’m starting to understand that Nanjing judge. Was it like this?

[Note: “Nanjing judge” refers to the infamous judge who allegedly argued that the man who helped up a fallen old woman must’ve been the one who knocked her down in the first place, and thus became the reason often cited by those who wary of helping people on the streets.]

红名1懂球帝 [网易河南省郑州市手机网友]:

This article has allowed us to see another side of today’s society!

Note: Images of Chinese judges in Chinese courtrooms are for illustration only and are not related to the translated news article.

Written by Fauna

Fauna is a mysterious young Shanghainese girl who lives in the only place a Shanghainese person would ever want to live: Shanghai. In mid-2008, she started chinaSMACK to combine her hobby of browsing Chinese internet forums with her goal of improving her English. Through her tireless translation of popular Chinese internet news and phenomenon, her English has apparently gotten dramatically better. At least, reading and writing-wise. Unfortunately, she's still not confident enough to have written this bio, about herself, by herself.

  • Amused

    Wet-nosed puppy! Who is he to question this civilization born of the wisdom of the Great Chairman?

  • mr.wiener

    A truely independany judiciary is hard for any country to have. There will always be political pressure,always. But it is no wonder many Chinese have so little faith in their govt when they are so blatant in their dealings with the judiciary. There is a clear message being sent to the masses…Only we will decide what is right.

    • lacompacida

      “A truely independany judiciary is hard for any country to have. There will always be political pressure,always. ” is the best reason for not even try to have an independent judiciary. Let all judiciary support and cooperate with the rulers is the best.

      • David

        Are you joking? You want the Judiciary to simply do what the rulers tell them to do? Why even bother with having courts than?

        • Alex Dương

          He’s being sarcastic.

          • David

            awww ok. Thank you for the clarification.

          • Alex Dương

            No problem. In general, lacompacida likes to mock the CCP by being sarcastic and writing what he thinks they would say. I don’t have an issue with that, but at other times, he says some really ignorant stuff.

    • Xia

      There must be at least some effort to let the judiciary work independently.

  • Jahar

    It’s like Gotham city, but not as cool.

    • Alex Dương

      Well, he seems to be the hero Luohe needs but not the one it deserves.

  • Mihel

    our reliance on advertisers has forced us to increasingly censor our content

    Is this a joke?

    • biggj

      I would have thought the Chinese government would be the cause of that.

      • Mihel

        Apparently the communist government is not the sole entity that benefits from the censoring of content.
        I wonder what news they wanted ‘filtered’, the ones that hurt the feelings of chinese people or the ones that hurt the feelings of prudes…

        • biggj

          I know right….just get new sponsors if the ones they have are fucking them over. Someone will pay to advertise that wont give a fuck as long as people come to the web page. They can choose who advertises on the website.

        • Kai

          The latter.

          • Mihel

            Weren’t “Meet Hot Chinese Ladies” kind of ads all over this site until recently or am I remembering wrong? The prudes who ask you guys to censor titties are the same ones who promote romantic encounters with well endowed asian beauties?

          • Kai

            Not all advertisers are the same so we can’t lump them all as one and call them hypocrites (though some arguably are, but they hold the power). If you read our FAQ, nudity and sexual content is only one thing. The other ones are violence and profanity. We want to clear up the notion that it’s the Chinese government censoring us. They may be, but they do so through the GFW, not through our relationship with advertisers.

      • Luke the Duke

        Pretty sure chinasmack’s servers aren’t based in China…

        • biggj

          Doesn’t matter. A lot of their audience are in china. You don’t want to be blocked in the country were I would say at least 1/4 of you readers are. If they run stuff the chinese government dont like, they block the website. They have to be careful what they do.

          • Guest

            but I thought that was kinda the point. The majority of foreign websites that are blocked are typically global and explicitly for sharing information, be that in the form of videos, immediate status updates they can’t control, or blogs etc. I’d be surprised if this made it onto the radar.

            *waits to be surprised*

    • Luke the Duke

      A lot of companies are concerned about what kinds of
      companies/teams/individuals they advertise with. They see their image as
      affected by their choice of where they advertise. That’s why athletes
      have ‘morality clauses’ stuck into their sponsorship contracts. Dur.

      • biggj

        And if they are being pressured by a company to change….get a new company for advertisements. They are not forced to advertise for any company. I’m sure a lot of companies that would want to advertise would with cs would actually want them to “push the envelop” more.

        • Kai

          It isn’t that easy to find advertisers. We’re not Lebron James. We’re reasonably popular but we’re not large enough that we have advertisers chomping at the bit to advertise on our site allowing us to dictate terms. We frankly need advertisers more than they need us.

          If you can help us find enough advertisers who get what we’re doing and support it, let us know.

        • Luke the Duke

          lol. Thus spake the voice of experience.

  • LOL

    CS asking its readers for financial support is delicious. You’re blaming advertisers for your refusal to cover legit news issues going on in mainland China, correct? And now we are to understand that bowing to the whims of those same advertisers by tossing out puffball stories no one gives a shit about has backfired, and traffic has declined?

    And now the reader-base you’ve ignored for years is suddenly being courted for their hard-earned dollars? Seems a bit ironic, especially considering some of the blowhard apologist moderators you’ve had infesting this place.

    Stew in your own juices, CS. You reap what you sow.

    • biggj

      Well the stories are suppose to be ” what is trending on chinese internet” and since all the good stuff is censored and monitored all you are left with with are boring stupid ass stories. Like if this website ran a negative story on Xi Jingping or something political or “news worthy” stuff, they would be block in china. So advertisements or not…the website wont change that much. This is all my own speculation of course.

      • Germandude

        I also must assume tgat the good stories are all censored. Since mid of this year the amount of interesting stories can be counted on one hand. This hasn’t always been the case before. Just think 12 months back…

        • Mihel

          Stfu! Teachers eating Spicy Sticks and Melon Seed Brother are totally newsworthy articles which polarised attention and greatly divided public opinion.

    • Xia

      Chill, CS is opting for a model that non-profits like Wikipedia are using.

      According to what Kai Pan has described, CS has a traffic exceeding bandwidth limit issue rather than traffic decline.

      Though as an user I have to admit that the ads (and censorship on sex and profanity) don’t really bother me.

      • idc

        what ads? use an adblock ffs

      • SuperLaowai

        There are ads on Chinasmack???

        • Xia

          Probably the weird links at the bottom. Or is that from DISQUS?

    • Irvin

      I can’t even see some of the pictures on the site, it’s got broken links. I don’t know if CS is already censoring itself or just poor server choice. Last time I checked it only cost $200 per year for unlimited bandwidth and unlimited server space.

      • Kai

        If you’re talking about images inside articles, it’s unlikely our server and more likely an issue with your connection or possibly with WordPress’s CDN. Are you accessing from within China and without a VPN?

        The unlimited bandwidth and space features of (usually basic shared) hosting plans are misleading. The bottleneck for most modern sites boils down to CPU and memory resources involved in database access and processing.

  • Xia
  • rxyx

    All this talk in the recent Plenum to implement the “Rule of Law”…. its gonna take a really looooong time to get done

    • Yes!

      Yeah. They’ve been at it as long as their 5000-year history.

  • Xia

    Didn’t a certain She mentioned something about rule of law lately? Whatever!

  • monster

    i dislike this type of posts

  • Toasty

    I’m surprised at the lack of criticism for the journalist. Any respectable journalist protects their sources…. But clearly not in China!

  • Dr Sun

    Last week, the President expressed that China must follow its constitution to become a nation of “Law” , all the top judges made a big public show of swearing allegiance to defend the constitution, on constitution day. Then just today 2 lawyers were whisked away by the “secret police” on the orders of judges for using constitutional arguments in court, WHAT A FUCKING JOKE, China is becoming.