(China’s New Look) Judges of the same age as New China- Using the rule of law as a “bridge” to resolve the “heart knot” of the people

At 75, Jiang Zhiping, a former committee member of China’s Supreme People’s Court and ex-head of its Intellectual Property Tribunal, still exudes sharp intellect and a commanding presence. In a recent interview, he underscored the significance of tradition and institutional integrity, asserting, “We must not lose our traditions or our institutional framework.” He highlighted the significant advancements China has made in refining its legal system in recent years, while also recognizing the tireless work of legal professionals who aim to serve as a “bridge” to address public concerns.

Reflecting on his extensive career, which parallels the development of modern China, Jiang shared his experiences working in grassroots courts for over a decade. During this time, he actively engaged with the community to resolve disputes. He reminisced about a simpler era characterized by limited possessions, which often led to disputes over minor issues, such as dividing a cabinet or deciding who got the last jar of pickles. Back then, the legal system was still evolving, and Jiang and his colleagues passionately sought to mediate these conflicts.

He views the practice of local court sessions as essential to serving the community. “Conducting trials in familiar surroundings, with community members as witnesses, not only holds parties accountable but also encourages genuine dialogue, greatly improving the efficiency of dispute resolution,” he explained.

Over the years, China has broadened its approach to dispute resolution, expanding beyond traditional litigation to include mediation, arbitration, and the public notary system. Nowadays, many individuals seek legal advice before considering formal court action. Active community mediators frequently resolve neighborhood disputes before they escalate to legal battles. In the first half of this year alone, courts across China handled nearly 9.06 million pre-litigation mediation cases, reflecting a 12.3% increase from the previous year, with a success rate of 72.27%.

Jiang’s career also highlights the transformation of China’s judicial system. Since the 1990s, he has been instrumental at the Supreme People’s Court, particularly in developing the framework for intellectual property judicial protection. “While some verdicts may seem straightforward, numerous cases involved extensive debate and complex legal discussions,” he recalled, emphasizing that striving for precision has resulted in increasingly detailed and comprehensive rulings.

Ma Yide, a professor at the University of Chinese Academy of Sciences, noted that China’s intellectual property laws have evolved in line with international standards since their introduction, especially following key reforms in the last decade that brought them in line with World Trade Organization regulations.

Even post-retirement, Jiang remains a vocal advocate for enhancing judicial protections related to intellectual property, frequently proposing the establishment of specialized courts for intellectual property matters. Since January 1, 2019, the Supreme People’s Court alone has dealt with over 18,924 cases through its Intellectual Property Tribunal.

Jiang’s passion for English, developed during his youth, proved invaluable in his cross-border legal work, allowing him to facilitate crucial discussions between China and the international community. In 1992, he served as a senior visiting scholar at the University of Birmingham’s law school, focusing on inter-regional legal conflicts and copyright issues. His participation in international conferences in The Hague helped showcase China’s legal advancements.

With the growth of cross-border trade and investment, there has been a marked increase in cases where parties prefer Chinese courts for dispute resolution. From 2013 to mid-2024, Chinese courts addressed nearly 500,000 cases involving foreign entities.

Moreover, mediation has gained traction worldwide, with many judges employing this strategy to resolve conflicts and promote win-win solutions. In the past five years, the Supreme People’s Court’s Intellectual Property Tribunal successfully resolved 1,198 foreign-related cases, achieving comprehensive settlements in many instances.

Jiang concluded with a reaffirmation of his commitment to preserving tradition while implementing effective systems, stressing the importance of meeting the public’s demand for justice. He expressed hope that more legal professionals will embody the spirit of public service, stating, “We must not only resolve legal conflicts but also address the emotional connections of the people.”

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