1991] ADJUDICATION SUPERVISION IN THE P.R.C. 97 China.Ultimately,this article concludes that adjudication supervi- sion exemplifies both the theory and reality of judicial independence in China-a theory that calls for independence,not of individual judges,but of the court system as a whole,and a reality that casts doubt even on this assertion of independence of the court system as a whole. What is Adjudication Supervision? Adjudication supervision ("shenpan jiandu"),or supervisory re- view,is a procedure for additional,but discretionary,reviews of final judgments.Adjudication supervision applies to both criminal and civil cases,with some notable differences.Under the 1982 Chinese law of Civil Procedure,a party to a civil lawsuit may petition the court which originally tried the case,or a court of higher instance,to re-open the judgment.10 Similarly,under the 1979 Code of Criminal Procedure,a party to a criminal case may seek adjudication supervi- sion.11 Additionally,in a criminal case,a victim or his family or any citizen (whether or not a party to the case)may also present a peti- tion to a people's court to re-open a legally effective judgment oror- der.12 Hence,in a criminal case,the right to re-open a legally effective judgment is available to anyone,not simply to a party to the action as in the civil context. A good example of adjudication supervision is the Sun case.In Sun,a faculty member of an agricultural school in Beijing,was try- ing to stop a disturbance.In the process,Sun killed Zhou,a member of the hooligan gang.The procuracy13 initiated a prosecution of Sun resulting in his conviction and a sentence of 15 years.Sun appealed with the help of a lawyer,who argued that Sun was acting in de- fense of others.On appeal,the court of second instance,the Beijing Intermediate Court,found that Sun had been acting in self-defense 10.See Law of Civil Procedure of the People's Republic of China,pt.2,ch.16, arts.177-188 (as amended and passed April 9,1991)[hereinafter Civil Procedure Lat],expanding on adjudication supervision provisions of 1982 Civil Procedure Law, pt.III,ch.14,arts.157-160.However,most adjudication supervision petitions in China involve petitions for the review of a final criminal judgment.See statistics published in "Judicial Work Report of 1988,"Law Yearbook of China 1989 at 10. 11.Criminal Procedure Law of the People's Republic of China,pt.II,ch.V,art. 148-150(1979)[hereinafter Criminal Procedure Law],trans.in Laws of the People's Republic of China 1979-1982 at 146-147. 12.Criminal Procedure Law,pt.III,ch.V,art.148.A legally effective judgment is defined to include:(1)judgments and orders which have not been appealed and for which the legally prescribed period for appeal has expired;(2)final judgments and orders;and (3)death sentences approved by the Supreme People's Court and judgments of death penalty with a two-year suspension of execution approved by a higher people's court.Criminal Procedure Law,pt.IV,ch.V,art.151. 13.In a criminal setting,the procuracy is the prosecutorial arm of the P.R.C. justice system.The people's procuracy is also responsible for "legal supervision." See 1982 Constitution,ch.III,art.129. This content downloaded by the authorized user from 192.168.82.207 on Thu,15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions1991] ADJUDICATION SUPERVISION IN THE P.R.C. 97 China. Ultimately, this article concludes that adjudication supervi￾sion exemplifies both the theory and reality of judicial independence in China - a theory that calls for independence, not of individual judges, but of the court system as a whole, and a reality that casts doubt even on this assertion of independence of the court system as a whole. What is Adjudication Supervion? Adjudication supervision ("shenpan jiandu"), or supervisory re￾view, is a procedure for additional, but discretionary, reviews of final judgments. Adjudication supervision applies to both criminal and civil cases, with some notable differences. Under the 1982 Chinese law of Civil Procedure, a party to a civil lawsuit may petition the court which originally tried the case, or a court of higher instance, to re-open the judgment.'0 Similarly, under the 1979 Code of Criminal Procedure, a party to a criminal case may seek adjudication supervi￾sion." Additionally, in a criminal case, a victim or his family or any citizen (whether or not a party to the case) may also present a peti￾tion to a people's court to re-open a legally effective judgment or or￾der.'2 Hence, in a criminal case, the right to re-open a legally effective judgment is available to anyone, not simply to a party to the action as in the civil context. A good example of adjudication supervision is the Sun case. In Sun, a faculty member of an agricultural school in Beijing, was try￾ing to stop a disturbance. In the process, Sun killed Zhou, a member of the hooligan gang. The procuracy13 initiated a prosecution of Sun resulting in his conviction and a sentence of 15 years. Sun appealed with the help of a lawyer, who argued that Sun was acting in de￾fense of others. On appeal, the court of second instance, the Beijing Intermediate Court, found that Sun had been acting in self-defense 10. See Law of Civil Procedure of the People's Republic of China, pt. 2, ch. 16, arts. 177-188 (as amended and passed April 9, 1991) [hereinafter Civil Procedure Law], expanding on adjudication supervision provisions of 1982 Civil Procedure Law, pt. III, ch. 14, arts. 157-160. However, most adjudication supervision petitions in China involve petitions for the review of a final criminal judgment. See statistics published in "Judicial Work Report of 1988," Law Yearbook of China 1989 at 10. 11. Criminal Procedure Law of the People's Republic of China, pt. II, ch. V, art. 148-150 (1979) [hereinafter Ciminal Procedure Law], trans. in Laws of the People's Republic of China 1979-1982 at 146-147. 12. Ciminal Procedure Law, pt. III, ch. V, art. 148. A legally effective judgment is defined to include: (1) judgments and orders which have not been appealed and for which the legally prescribed period for appeal has expired; (2) final judgments and orders; and (3) death sentences approved by the Supreme People's Court and judgments of death penalty with a two-year suspension of execution approved by a higher people's court. Criminal Procedure Law, pt. IV, ch. V, art. 151. 13. In a criminal setting, the procuracy is the prosecutorial arm of the P.R.C. justice system. The people's procuracy is also responsible for "legal supervision." See 1982 Constitution, ch. III, art. 129. This content downloaded by the authorized user from 192.168.82.207 on Thu, 15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions