May 15, 2016 No.1
https://www.facebook.com/mehtarahulc/posts/10153485965701922
https://www.facebook.com/mehtarahulc/posts/10153485965701922
Why are judges in China quitting jobs , while in India, you rarely see Magistrates or seniors judges resigning?
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http://blogs.wsj.com/…/what-a-stubborn-exodus-of-judges-me…/
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Of the over 2,000 judges recruited in Beijing in 2008-2012, almost 17% left their jobs, primarily in the lower courts, according to the Economic Observer story. Experienced judges are also quitting, and judges in Jiangsu and Henan Province, in particular those under 40, are increasingly resigning.
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In China, there are about 200,000 judges. Some 180,000 are junior judges (first hearing) and rest are appeals and higher level judges. , India has 20000 judges. So pie per judge in China is smaller.
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And all land belongs to Govt and so land cases dont come to court. Tax laws are simple, and so tax cases are also few (now that china has GST, tax disputes are rising).. So average pie per judge in China is much much lesser than in India.
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China has so called Assessor System and is also introducing Jury System. The judge has to preside along with 2 Assessor , And verdioct is given by majority. The Assessors can be govt servants or even ex-govt servants (except they can be soldiers who have retired over 10 years ago).They also can be at any seniorn position in any political party (mere membership is allowed). Their term is mere 1 year and they are NOT repeated. So there are about 180,000 junior judges and there are 2 Assessors per judge. so we have 360,000 assessors coming and going out every year. So nexus building isnt possible at large scale.
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The assessors dont have nexuses with lawyers , elitemen etc., So they are LESS prone to bribery and favoritism.
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So now a lawyer who has nexus with judge will see that he cant bribe at least one of the two assessors, then there is no point in giving bribe to the judge !!!
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So all in all, assessor system has reduced corruption in chinese courts. And so judges are quitting.
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Whereas quitting ratio in Chinese govt and chinese police and chinese communist party is low. because these three depts dont have any such democratic inputs. And so corruption is high.
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Now why not just raise salary of the judges? Well, judges were treated at par with officers of same rank, The officers in China get huge bribes, but judges get less bribes. But this factor cant be taken as official factor and so judges were getting same salary as officers of same rank. And so judges quit, The Chinese Govt may now be forced to raise salaries of judges.
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So all in all, forget having 12 to 1500 Jurors, even 2 assessors with one year term reduce corruption to such low level, that as many as 15% judges in China, who became judges between year 2000 and 2008 left !!
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So solution to Indian courts' mess is trivial --- expel ALL existing judges, bring new judges by written exam ONLY, make all apex judges recallable by voters and other judges expellable by Jury,. And have Jury of size 12 to 1500 to decide ALL cases.
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And why is Jury System still NOT there in India despite years of our campaign? Because we dont have many activists . And biggest reason why we have few activists is because workers of Congress / BJP / RSS / AAP / BST etc manage to convince the activists to join Congress / BJP / RSS / AAP / BST and do neta-puja and oppose RTR-law-drafts. But as time goes, hopefully, we will get more activists. And so chances that Jury System etc like laws will come in India will increase.
.
===
.
http://blogs.wsj.com/…/what-a-stubborn-exodus-of-judges-me…/
.
Of the over 2,000 judges recruited in Beijing in 2008-2012, almost 17% left their jobs, primarily in the lower courts, according to the Economic Observer story. Experienced judges are also quitting, and judges in Jiangsu and Henan Province, in particular those under 40, are increasingly resigning.
.
======
.
In China, there are about 200,000 judges. Some 180,000 are junior judges (first hearing) and rest are appeals and higher level judges. , India has 20000 judges. So pie per judge in China is smaller.
.
And all land belongs to Govt and so land cases dont come to court. Tax laws are simple, and so tax cases are also few (now that china has GST, tax disputes are rising).. So average pie per judge in China is much much lesser than in India.
.
China has so called Assessor System and is also introducing Jury System. The judge has to preside along with 2 Assessor , And verdioct is given by majority. The Assessors can be govt servants or even ex-govt servants (except they can be soldiers who have retired over 10 years ago).They also can be at any seniorn position in any political party (mere membership is allowed). Their term is mere 1 year and they are NOT repeated. So there are about 180,000 junior judges and there are 2 Assessors per judge. so we have 360,000 assessors coming and going out every year. So nexus building isnt possible at large scale.
.
The assessors dont have nexuses with lawyers , elitemen etc., So they are LESS prone to bribery and favoritism.
.
So now a lawyer who has nexus with judge will see that he cant bribe at least one of the two assessors, then there is no point in giving bribe to the judge !!!
.
So all in all, assessor system has reduced corruption in chinese courts. And so judges are quitting.
.
Whereas quitting ratio in Chinese govt and chinese police and chinese communist party is low. because these three depts dont have any such democratic inputs. And so corruption is high.
.
Now why not just raise salary of the judges? Well, judges were treated at par with officers of same rank, The officers in China get huge bribes, but judges get less bribes. But this factor cant be taken as official factor and so judges were getting same salary as officers of same rank. And so judges quit, The Chinese Govt may now be forced to raise salaries of judges.
.
So all in all, forget having 12 to 1500 Jurors, even 2 assessors with one year term reduce corruption to such low level, that as many as 15% judges in China, who became judges between year 2000 and 2008 left !!
.
So solution to Indian courts' mess is trivial --- expel ALL existing judges, bring new judges by written exam ONLY, make all apex judges recallable by voters and other judges expellable by Jury,. And have Jury of size 12 to 1500 to decide ALL cases.
.
And why is Jury System still NOT there in India despite years of our campaign? Because we dont have many activists . And biggest reason why we have few activists is because workers of Congress / BJP / RSS / AAP / BST etc manage to convince the activists to join Congress / BJP / RSS / AAP / BST and do neta-puja and oppose RTR-law-drafts. But as time goes, hopefully, we will get more activists. And so chances that Jury System etc like laws will come in India will increase.
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