The modernization of judicial management in China emerges as a cornerstone of national governance reform, reflecting a commitment to elevate the efficiency and fairness of the legal systemAs the nation sets forth on its path of modernity, the evolution of judicial practices becomes vital, not just within the formal legal structures but also in establishing a relationship between the judiciary and societal expectationsThis transition is seen as the key to harnessing a robust socialist judicial system that promotes both justice and authority.
At its core, judicial management modernization entails an evolution in both philosophy and frameworkIt necessitates an openness to new technologies and strategies that can improve knowledge systems and judicial processesGiven the multifaceted challenges and demands that arise, achieving this modernization requires a synthesis of theory and practice across various sectors, along with a cooperative effort from all participants in the justice system.
Recently, a conference dedicated to this very topic, titled "Judicial Management Modernization," took place at Tongji UniversityThe event brought together scholars and practitioners from the fields of jurisprudence and legal practice, fostering an environment for dynamic discussions centered around the subject of judicial management modernization.
This conference was jointly organized by several prominent entities, including the Shanghai Higher People’s Court, the Shanghai Law Society, Tongji University, the Shanghai Judicial Think Tank Society, and the People's Court of Shanghai’s Pudong New DistrictSuch collaborative efforts highlight the importance of collective action in advancing judicial reform initiatives.
In his opening remarks, Jia Yu, Secretary of the Party Leadership Group and President of the Shanghai Higher People’s Court, emphasized the importance of case management as a fundamental component of judicial effectiveness and governance
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He articulated that it is essential for the courts to base their approach on the perceptions of the people, ensuring that the justice system resonates with the public's sense of fairnessMoreover, there is a necessity to respect judicial norms and focus on executing primary judicial tasks while leveraging digital technologies to enhance the efficacy of judicial workHe called for an unwavering commitment to employing digitalization as a means to facilitate and elevate the modernity of judicial proceedings in alignment with Chinese modernization efforts.
In recent years, the modernization across all aspects of the judiciary has led to substantial improvements in judicial practice within ChinaAccording to data released by the Supreme People’s Court in January of this year, courts processed over 46 million various types of cases in the past year alone, marking a 1% increase from the previous yearAlthough the growth rate has decreased significantly compared to prior years, the number of resolved cases has seen a positive trendNotably, over 12 million pre-litigation mediation cases were successfully concluded—a clear indicator of the shifting landscape in legal resolutionsBy the end of December 2024, there was a notable decline of over one-third in unresolved cases across the nation, reflecting effective long-term efforts in this area.
However, despite these advances, the journey towards comprehensive judicial management modernization faces numerous challengesAs pointed out by Shen Guoming, Vice Chairman of the Shanghai Federation of Social Sciences, the admission of China into the World Trade Organization has led to an influx of new cases requiring alignment with international jurisprudence—an area in urgent need of development and enhancement.
A prominent theme at the conference emerged around the role of digitization in judicial managementVarious speakers recurrently highlighted how digital technologies can be harnessed to elevate judicial efficiency and empower legal practices
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Discussions delved into the importance of incorporating big data and artificial intelligence as vital components of modern judicial administration.
Jiang Ping, Secretary of the Party Leadership Group and President of the Shanghai Law Society, asserted that the modernization process should prioritize the development of judicial professionals and the intelligent application of digital technologies to serve the overall judicial systemHis remarks underline the vital connection between technological advancement and judicial efficacy.
Moreover, Yao Guoyan, Deputy Director of the Institute of Law of the Chinese Law Society, urged a heightened awareness of contemporary threats posed by cybercrimeShe noted that the prevalence of telecom and online fraud, combined with the growing sophistication of malware and ransomware, calls for new protective measures in data security and privacy, which, in turn, escalate the demands on judicial management systems.
The introduction of digital technologies represents a crucial avenue for judicial personnel in navigating an increasingly complex social landscapeIn Shanghai, the deployment of digital courts has now permeated various dimensions of court operationsFor instance, the Shanghai courts have established data models to manage traditionally weak areas of social governance, such as rural collective asset management and risk prevention in foreign technology-oriented intellectual property disputesThis data-driven approach enables the generation of specialized analytical reports, presenting categorized judicial data that aids decision-making processes.
Yao Guoyan further emphasized the need for continual concept updates, improved institutional frameworks, and optimized methodologiesShe highlighted the importance of integrating advancements in information technology and leveraging pioneering digital tools like artificial intelligence and blockchain technology to reinforce judicial managementThis approach stands to elevate the quality and efficacy of the judicial system while simultaneously addressing challenges posed by new technologies in legal practice
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