Insight | The Last Procedure of Justice by Prof. JIANG Huiling

This article was first published in "Southern Weekly" on July 7, 2022, originally titled "Cracking the Enforcement Quagmire with Legislation". The author Prof. JIANG Huiling is a distinguished professor and Dean of Tongji Law School, and he once served as a senior judge in the Supreme People's court.

When the revision of civil enforcement law (draft) is now a heated discussion, the author theoretically explains three major functions of enforcement procedure based on his own experience of participating in the judicial reform. He believes that if judicature is considered as the last line of defense for fairness and justice, then enforcement can be regarded as the last process of the last line.

Twenty-three years ago, the author participated in the drafting of the "Central Committee Document No. 11", and was also exposed to the drafting of the enforcement law for work reasons. He is well aware of the direct relationship between the specific system design and the value orientation of the enforcement law.

If the trials are compared to the scheme and framework of the fair justice defense, the enforcement can be compared to the "construction" of this defense. The power of enforcement is a state power, and there are also risks of illegal exercise and abuse of the power. Therefore, the enforcement power and enforcement behavior must be restrained during the whole process of exercising the enforcement power.