An exhaustive obituary from Weixin that will at some point disappear into the ether as he falls out of favour with someone powerful in the future, so we thought we’d reprint in full. A long life obviously lived well.
Today, the former Supreme Court President Xiao Yang passed away! [deeply miss]
https://mp.weixin.qq.com/s/VUAZnnBHQ4_8u1UayYvwwQ
Article source: Legal Daily Reporter Jiang Anjie
Xiao Yang, from 1998 to 2008, served as party secretary, dean and chief justice of the Supreme People’s Court. He served as the chief procurator of the Guangdong Provincial People’s Procuratorate, the deputy chief procurator of the Supreme People’s Procuratorate, and the minister of the Ministry of Justice.
??Forty years, in history, but the white shackles; Yu Xiaoyang, but thousands of sails read.
Someone once asked, in the various departments of politics and law, Xiao Yang is pushing the reform with the temperament of “the strong man breaking the wrist”, what has brought to China? A legal scholar bluntly said that the value that Xiao Yang brought to China’s judiciary and the accompanying controversy will be handed over. History to test. “But, as a legal person, we thank him. In time, five years, ten years later, the Chinese will thank him.”
As time goes by, today is the historical node of “after ten years”. Looking back at the coordinates of the new era of socialism with Chinese characteristics, how did Xiao Yang’s recent experience of witnessing, witnessing, participating in and promoting the rule of law in the 40 years of reform and opening up? On December 9, the reporter came to Xiao Lao, 80 years old. At home.
At 9:20 in the morning, I noticed it for four weeks because I arrived ten minutes earlier. The living room was laid out in an unpretentious style, and the photo of Xiao Yang and his wife was prominently placed in the cabinet full of books. The carpet in front of the sofa was somewhat old and imprinted with the annual rings.
At 9:30, I heard the footsteps of the old man walking down the stairs. I immediately greeted me and reached out to hold the warm and powerful hand of the old man. Xiao Lao looked a little thin, but his spirit was embarrassing. The old man was able to accurately say that the last time we met was in 2014, and the daughter on the side also marveled at her father’s memory. Xiao Yang specifically mentioned the names of several familiar old leaders of the Legal Daily and asked about their current situation. He also recalled the “China Lawyer”, which was published when he became a minister, and was later renamed the “People’s Letter”.
From the newspaper to the Ministry of Justice, the relationship between Xiao Yang and the reform and opening up of the rule of law is slowly presented to us.
1975 to 1983 – in the days of Longgui
What to do? Hakka’s unique tenacity and reluctance to accept it, let Xiao Yang make up his mind and do the same. Ken Yang, who is willing to delve into the research, worships the old farmer as a teacher and forms an agricultural advisory group. After adopting a series of daring and knowledge-making measures, the average per mu of the barren mountainous areas is over 5,000 yuan or even tons of grain fields, causing a sensation in the county and the whole region. .
Because of the famous agricultural industry from the layman to the insider, in December 1979, Xiao Yang, as a representative of the advanced agricultural unit of the country, was awarded the prize in Beijing and came to the Great Hall of the People. This is the first time Xiao Yang returned to Beijing after graduating from Renmin University of China. Unexpectedly, at the entrance to the Great Hall of the People, he met Zhu Mingshan, a classmate of the university who had been away for 18 years. At that time, Zhu Mingshan was already a bureau-level cadre of the Supreme Court. No one can predict that after more than a decade, Xiao Yang and Zhu Mingshan will once again reunite at No. 27 Dongjiaominxiang as a “one-two-handed” to jointly promote China’s judicial reform.
Speaking of this history, Xiao Yang added a detail. After returning from Beijing, Shaoguan City also rewarded a van of Longgui Commune. In order to let the people of the whole society share the development results, Xiao Yang suggested that the car be allocated to the commune health center for the rescue of patients.
Xiao Yang recalled that in Longgui, there is one more thing that he can hardly forget, that is, he decided to lead everyone to repair the hydropower station. At that time, there was no money, no equipment, no technology, but he “does not ask for a name, can’t avoid it.” Buying machines, buying pipes, building factories, all need money. Xiao Yang made a bold decision to lend. How much is the amount? More than one million. At that time, the mainstream thinking was that there was neither domestic debt nor external debt. The loan was not only very disgraceful but also took great risks. More than one million was a shocking astronomical figure. But Xiao Yang withstood the pressure and decided to persist.
The reporter asked if the hydropower station is still there? Xiao Yang is proud to say that he is still generating electricity. After the completion of the power station, Longgui bid farewell to the era of oil lamps. It not only solved the problem of electricity consumption, but also incorporated the remaining electricity into the national grid. In 1987, the power station paid off the investment debt.
Xiao Yang also did a very controversial thing at the time. A young man with strong ability but rich peasant origin, Xiao Yang carefully observed and found that the young man is cultural, intelligent, capable, and understands agricultural production, and he has to let him be the production captain. As a result, the production team’s food doubled that year. In the second year, production went up another step.
The reporter asked, “It seems that your reforms are strong when you are young. Didn’t you worry or be afraid at the time?” Xiao Yang said frankly, “I am a poor farmer’s son. I have never been able to be an official. Not afraid of it.” Perhaps it is this kind of fearless spirit that goes home and farms. The heart is unselfish and wide, supporting Xiao Yang step by step and decisive.
In the nearly four-hour interview, most of the time was the old man’s narrative and the reporter’s listening. The reporter found that Xiao Yang was very courageous when he was young. He proposed “Let the person sit in the first position” and “let the insiders display their talents in their familiar fields.” These reforms “genes” all advocated “professionalization” for him in the future. Infused with vitality, it also provided a source for a series of reforms that he pursued after returning to the team.
People remember: In 1987, the Guangdong procuratorate proposed to pass the case to protect the reform, opening up, and economic construction; in 1988, the establishment of the Economic Crime Reporting Center in Shenzhen; in 1989, the “new trick”, the first anti-corruption bribe in Guangdong Work bureau. Some people think that this is an early attempt of China’s anti-corruption system reform. Xiao Yang told reporters that at that time he envisaged the establishment of the Guangdong Anti-Corruption and Bribery Bureau, and even the brands were all done. Later, because of different opinions inside, they were changed to the Anti-Corruption and Bribery Bureau of the Guangdong Provincial People’s Procuratorate on the eve of listing.
Recalling the experience of the procuratorate, Xiao Yang used the term “returning to the team” to express his longing for the law for many years. He told reporters a lot of stories that are not known to the outside world.
He said that when the research team of the Central Political and Legal Committee went to Guangdong to sum up the first “strike hard” experience, it was his turn to repeat the “strike hard” experience that others had said. It was not meaningful, and impromptu speech talked about “under the commodity economy.” The problem of economic crime” was stopped by the host without saying a few words. However, Liu Fuzhi, then the deputy secretary of the Central Political and Legal Committee, was very open, let him continue to talk, and after the meeting, the secretary called Xiao Yang to put the speech into the draft and sent him. Xiao Yang recalled that he clearly remembered that there was no lunch that day. Take care of it.
In July 1986, Xiao Yang, the Guangdong Provincial Attorney General, took the lead in proposing that “the procuratorial work should be subject to service for economic construction”. It clearly stated that the fight against protection was in parallel and introduced 12 regulations to protect the legitimate rights and interests of scientific and technological personnel. In order to achieve the unity of protecting production and punishing crimes, the Guangdong Provincial Procuratorate also tried to suspend arrests. This caused great controversy at the time, such as a stone hitting the water, once again picking up waves. Xiao Yang told reporters that there were even two camps of “invigorating the faction” and “killing the dead”. It was obvious that the differences of opinion were different, which also confirmed Xiao Yang’s sense of advancement and the courage to dare to make great strides and dare to take a new road. The Zhujiang Film Studio has produced a film “suspended arrest” for this purpose.
Xiao Yang also gave an example to the reporter. There was a pair of young men and women who fell in love. After being captured by the militia, men and women were examined separately. The woman was forced to change her mouth and said that she was raped. At that time, she was sentenced to death. Xiao Yang disapproved of this “heavy” punishment that deviated from the law and became a “target.” Such cases deeply touched Xiao Yang’s innermost feelings and asked him to start thinking about criminal policy issues. He then put forward the procuratorial concept of “strictness, broadness, lenientness, and truth-seeking, seeking truth from facts”, suggesting that he later recommended the central government. The implementation of the criminal policy of “tempering justice with mercy” has prepared for the ideological and practical practice.
It can be said that it is “a big knife”, Professor Chen Weidong of Renmin University of China uses these four words to evaluate. In an interview with reporters, he said, “The legal counseling office with state-owned nature will be reformed to a more advanced cooperative law firm, so that the cooperative law firm representing the collective business model has gained a great deal across the country. The development of the law firm has explored the gaps in the legal service market in China. Wang Junfeng, president of the All China Lawyers Association, told reporters, “In that year, many people felt the spring of Chinese lawyers. Come.” Dacheng, Jindu, Junhe, Zhonglun and other law firms that later became top law firms are practitioners of this system. The biggest significance of the reform is to release vitality for the further development of the lawyer industry. “There was a big step forward, and this reform was not predictable in the future, with risks,” said Lu Hongbing. Xiao Yang himself believes that the reform of the lawyer system laid the foundation for his subsequent reforms in the court. Without the reform of the lawyer system, there would be no subsequent trial-centered reforms.
During this period, Xiao Yang also proposed the legal aid system with Chinese characteristics for the first time. Since he was not understood, he was slow to promote at the beginning. He was very anxious at the time. Nowadays, the “legal aid system” has taken root in the land of China.
“Let the poor, the weak, the disabled can afford a lawsuit, establish and implement a legal aid system,” he told reporters. “You can show the world that China is a civilized and progressive country.” This is Xiao Yang’s deeper level. Thinking. Some people think that “the proposal of this system” left a bright and bright color on Xiao Yang’s life, and also provided a blueprint for Xiao Yang’s “judicial assistance system”.
It must be mentioned that Xiao Yang also pays special attention to legal education. At the beginning of 1998, the National Legal Professional Degree Education Steering Committee was established. The Ministry of Justice has opened up a new channel for cultivating high-level applied and compound legal talents, reflecting the strategic vision of institutional designers to reserve talents for the rule of law 20 years ago.
“The good guys win, and the prospects are prosperous.” During the period of the Ministry of Justice, Xiao Yang not only drastically reformed, but also greatly advanced China’s judicial administration on the basis of the original; and was able to seize the opportunity and propose to the central government to hold the legal system. The lecture finally led to the proposal of governing the country according to law.
Xiao Yang believes that the legal system established by the Third Plenary Session of the Eleventh Central Committee is essentially the way to govern the country according to law. It was only at that time that this was just a rule of law in a state of paralysis. People still had no clear understanding of the difference between the “legal system” and the “rule of law”, and they did not understand the issue from the height of the basic strategy of governing the country. The real leap from “legal system” to “rule of law” was in September 1997. On September 12, 1997, the 15th National Congress of the Communist Party of China solemnly put forward: “Governing the country according to law is the basic strategy for the party to lead the people in governing the country.”
Here we have to talk about a special “practical” practice. On June 21, 1994, at the symposium on the first anniversary of the establishment of the “National Middle and Senior Cadres Law Lecturer Group” jointly organized by the Ministry of Justice, the Central Propaganda Department, and the China Law Society, many experts suggested holding a legal lecture for the leadership of the Political Bureau of the CPC Central Committee. The party group of the Ministry of Justice immediately requested and obtained approval from the central government, so there was the first lecture on the central legal system lecture on December 9, 1994.
Later, in the third lecture in February 1996, regardless of the topic or the speaker’s choice, the Ministry of Justice had undergone careful “examination” and repeated “research”. The program was changed several times. Finally, the title of the central government was “ruling the country according to law. Building a socialist legal state.”
It is in the summary speech of this lecture that the central leadership put forward the strategy of governing the country according to law. The 15th National Congress of the Communist Party of China further promoted the “building a socialist legal state” to “building a socialist country ruled by law” and completed a leap from “legal system” to “rule of law.”
In Xiao Yang’s view, although the “legal system” to the “rule of law” is only a word difference, it is a major change in the concept, which indicates that China’s pursuit of the rule of law is mature and conscious, and it is the party’s leadership style. The major development of the ruling style and the strategy of governing the country is the perfection of China’s socialist democratic politics and legal system.
Reporter telephone connection is very familiar with this period of history, Liu Wei, who was the deputy minister of the Ministry of Justice at the time, she said that from the establishment of the central legal system lecture to the establishment of the basic strategy of promoting the rule of law, the significance and value of its appearance are Xiao Yang. In the history of rule of law construction in China, there is a strong and colorful stroke.
1998 to 2008 – Judicial reform “breaking the ice”
??In the interview, the reporter learned that in the past ten years, the Supreme Court used Xiao Yang as the “pilot” to advance toward the goal of building a fair, efficient and authoritative socialist judicial system with Chinese characteristics on the “sea” of judicial reform. In the meantime, I have experienced the journey of the shoal and the wind and the waves. An old judge recalled to reporters that in March 1998, the Supreme Court was already discussing the issue of reform, and Xiao Yang believed that a series of studies should be carried out and overall progress. Therefore, the “Five-Year Reform Outline of the People’s Court” was released, which opened a new judicial reform in China. One page. However, due to various factors, this round of judicial reform focuses on the working mechanism. Xiao Yang is also very helpless, or regrettable. This reporter was confirmed in the interview.
??When the “People’s Court’s Second Five-Year Reform Outline” was reached, Xiao Yang’s own understanding of the judicial law has been quite profound, and the judicial theory has also matured. Therefore, his reflection and understanding of the rule of law is reflected at this stage. “For example, the conference system of the CRIC is changed to the trial system, the professionalization of judges, the diversified dispute resolution mechanism, the uniform application of laws, and the case guidance system.” These have all become important components of a sound judicial system. In particular, the professionalization of the judge team launched by the entire Supreme Court’s “depletion efforts” is an important theoretical basis for the reform of the judicial system.
??”Without professional construction, there will be no subsequent classification management of personnel, and there will be no manifestation of judicial rules!” An old judge who participated in the formulation of the “15th, 25th, 35th, and 45th Court Reform Outline” If it is an evaluation.
??The most controversial issue in Xiao Yang’s resignation now seems to be the most effective reform, no more than the return of the 26-year review of the death penalty. It is said that this reform has put the old people under the pressure that the outside world cannot imagine.
??”The biggest difficulty in reform is the obstruction of the old judicial concept.” Xiao Yang told reporters that many people, including some leading cadres, believed that killing was a deterrent, stressing that only killing more can ensure the stability of public security. Therefore, “small killing, careful killing”, “strictly control and prudent application of the death penalty” The new concept and the idea of ??”cautious killing, less killing” are naturally incompatible, and the reform is difficult. How difficult is it? “Like a knife on the tip of a knife.” Some people describe it like this.
??However, the facts later proved that the unified exercise of the death penalty approval authority and adherence to “less killing” and “careful killing” will not condone and encourage crime. “The reality is that the first year of recovery has created a new history of the number of death sentences that are higher than the number of immediate executions of the death penalty.” Xiao Yang told reporters.
??According to statistics from the Ministry of Public Security, in the first 11 months of 2007, national bombings fell by 25%, intentional homicides fell by 10%, and robbery cases fell by 7%. According to the results of the seventh survey of mass security released by the National Bureau of Statistics, 93.3% of the people believed that the security environment was safe, up 1.3 percentage points from 2006. Practice has proved that Xiao Yang told reporters that “the major cases are declining year by year, and punishing crimes in various forms will not affect the intensity of the attack.”
??During the interview, the reporter asked in particular whether Xiao Yang had regretted the pressure when he faced pressure. He firmly said, “The matter of human life is not afraid of trouble. We are going to fight it out. If we cannot reunify the country on this issue, the judicial unification will be impossible. Start up.” He said: “We talk about the administration of justice for the people, that is, we must protect the legitimate interests of the people. The right to life is the supreme interest. If the issue of the death penalty is not good, what justice is for the people?”
??Zhang Jun, who has been in charge of the death penalty review for a long time and is currently the chief procurator of the Supreme People’s Procuratorate, once said that in the past, with the strong leadership and support of the Party Central Committee, in order to eliminate social doubts, on many occasions, Dean Xiao Yang recovered the death penalty. The speech was very clear. Because the right to reinstate the death penalty is “carrying the whole body”, this reform has led to a series of changes in the criminal procedure of the first instance and the second instance, and even the investigation process. Therefore, the significance of withdrawing the death penalty approval authority is not only the change of the approval system itself, it brings The overall reform of China’s criminal justice is a landmark event in the progress of the rule of law in China.
??In Zhang Jun’s view, “Reform is a process that should be considered and evaluated in a long historical process. Things that conform to the laws of nature and the laws of history will have vitality and will stand the test of history.”
2008 to 2018 – “The old man of the law” is still dreaming
??Xiao Yang, who retired ten years ago, did not stop pursuing the rule of law. Most of his time and energy were spent on studying the rule of law and promoting the rule of law. In a speech at the alma mater of Renmin University of China in 2014, he called himself a “False Old Man” and proudly said, “My legal dream is still there, my rule of law is still there!”
??The interview is coming to an end. When the reporter asked him how to spend his old age, he said that he has a happy and harmonious family. He has been with his wife for many years. He is very grateful to his wife for accompanying him for years of ups and downs. Ten years of uneven roads; after he was at home, where he went with his family, his wife accompanied him to learn to swim at the age of 58. He played with him at the age of 68. Of course, let him be warm and have children who are obedient and arrogant. The “French” hand-made by Xiao Waisun is a gift he received at his 80th birthday and was placed on the display rack.
??Looking back on the course of 40 years, Xiao Yang said with deep affection that he is fortunate to be in this magnificent era of reform and is proud of his participation in this great cause of the past!
??”For the people, it is the initial heart of the Communists and the initial heart of judicial reform.” This firmness has shocked the reporter’s mind.
??Interviewing Xiao Yang, following his memories, wandering in the 40-year rule of law, feeling that his thoughts are flying all over the sky, and he was at a loss when he was writing.
??Going back to the question at the beginning of the article, what does Xiao Yang’s reform bring to the rule of law in China? It must be acknowledged that when China’s judicial reform went to the “four beams and eight pillars have been built and entered the fine decoration” period, history will not forget Xiao Yang’s “???” . The reforms promoted by each department are a major change including thoughts, ideas, systems, and teams, so that we can see the process and context of China’s rule of law progress, and let us see more about the rule of law in China. It’s easy, it can be described as “a huge change” and “a magnificent”.
??In the interview, the reporter was not only shocked by the hardship of the 40-year reform, but also moved by Xiao Yang’s personality charm. There are still many stories of Xiao Yanghui’s eye-catching talents, which cannot be written because of the limitation of space. How to describe Xiao Yang? I can’t help but think of the sentence in “The Little Window”: “There is no surprise in the humiliation, and the flowers bloom before the court. Going to stay unintentionally, the sky is cloudless.”
??On this day, Beijing was particularly cold. Xiao Yang insisted on sending me to the door of the living room. When the coat was worn on the porch, the old man was sent to the gate. He had to say goodbye for the second time and turned around in his kind eyes. Looking at the fortitude in his thin face, recalling the difficulty and difficulty of reform, at this moment, this extraordinary old man is more distressing than respect. On the road of the rule of law in China, the hurdles, the thorns, and the predecessors who want to go, there are many people worthy of tribute! Xiao Yang is one of them.
??In the eyes of a senior judge, Xiao Yang is a generous elder. It is more encouraging and motivating for young cadres. It is never aggressive and humorous. On one occasion, the party group will review an important document. Dr. Liu Shude from the research room (small but a little thankful, a little older) will attend the meeting. Dean Xiao wants to listen to the opinions of ordinary cadres and to the position where Liu Shude is sitting. Said: “What is the opinion of that old comrade?” Amused everyone laughed.
??”Old comrades” Liu Shude continued this story when interviewed by reporters, which made people even more comfortable. He said that after the meeting, Director Shao Wenhong, who was attending the party group meeting, told me that Dean Xiao asked her after the meeting. “Who is the old comrade who reported today?” She replied with a smile. “It’s Liu Shude, not the old comrade. ‘, is a young comrade.” Xiao Xiao then smiled and responded with a voice, “Oh, Liu Shude, he gave me a book.” Since then, the Supreme Court has added a story of “old comrades” after a meal, in addition to the “four beautiful women” (the names of the four gay men give people a feeling of being like a woman).
??In March 2006, Liu Shude was fortunate to follow Dean Xiao Yang’s visit. When I went to the square in the morning, I met Xiao Dechang just on a walk. Dean Xiao shouted happily to him: “Comrade Xiao Liu, come and take photos together.” Liu Shude was overjoyed, and for the first time had a photo with Dean Xiao. On the way back to the hotel, he said happily to Xiao Xiaochang, “Today’s mood is particularly good, and it has become younger. From ‘old comrades’ to ‘comrade Liu Xiao’,” Xiao Xiaochang also laughed.
??I remember that one year the reporters participated in the activities in the Great Hall of the People. When I hurried out, I suddenly heard a call with a strong Cantonese accent: “Xiao Jiang…”, the pronunciation sounded more like “little children”, With a little tail. Looking back, Xiao Yang, who is not tall, walked forward in the crowd. Because of the accident and happiness, I said, “Dean Xiao, let’s take a photo together?” Xiao Yang said, “Okay.” Naturally, he stood next to him, and more people began to encircle and wanted to take a photo with Xiao Yang. I felt that his handsome guards subconsciously blocked, and Xiao Yang said kindly, “All come, it doesn’t matter.” That peace is still in my mind.
??I have listened to reporters more than once and said that when they traveled with Xiao Yang on the same plane, they often greeted Xiao Yang and changed positions with the staff and sat in the front compartment. Looking at the inadvertent details, they all left a beautiful impression in the reporter’s heart.
From 1957 to 1962, he studied at the Law Department of Renmin University of China. From 1986 to 1990, he served as the chief procurator and party secretary of the Guangdong Provincial People’s Procuratorate.
From 1990 to 1992, he served as deputy chief procurator of the Supreme People’s Procuratorate, member of the party group, and member of the procuratorial committee.
From 1992 to 1993, he served as deputy chief procurator of the Supreme People’s Procuratorate, deputy secretary of the party group, and member of the procuratorial committee.
From 1993 to 1998, he served as Minister of Justice and Secretary of the Party Group.
From 1998 to 2008, he served as president of the Supreme People’s Court, party secretary, and member of the Judicial Committee.
