Reporters: Zhuhao Wang Shan Cong
During November 21 and 22, 2014, the 2011 Plan - China Collaborative Innovation Center of Judicial Civilization Co-Director – Professor Basheng Zhang, together with CICJC team members – Associate Professor Zhong Zhang and Assistant Professor Zhuhao Wang and Judge Jiahai Zhou from Supreme People’s Court of China were invited by Professor Ronald Jay Allen, the John Henry Wigmore Professor of Law at Northwestern University and the “2014 China Friendship Award” winner, to attend an international conference on topic of “The Foundations of the Law of Evidence and their Implications for Developing Countries” in Chicago, which was hosted by Northwestern University School of Law and co-organized by the Government of Republic of Tanzania and by the 2011 Plan – China Collaborative Innovation Center of Judicial Civilization.
The conference examined the challenges of law reform in third world countries with a particular focus on reform movements concerning the law of evidence in Tanzania and China (and how good a model the FRE may be). The conference thus, as its title suggests, examined the conceptual foundations of the field of evidence and their implications for drafting rules or the law of evidence for quite different social and political contexts. The conference participants included experts in the field of evidence from across the world, i.e. United States, China, Tanzania, Britain, Italy, Australia, Columbia and Ethiopia and conducted extensive discussions over seven major topics – “The Foundation and Principles Guiding Reform of the Law of Evidence”, “Working in Foreign Lands”, “Reform of Evidence Law in Tanzania”, “Reform of the Legal System in China”, “Federal Rules of Evidence as a Model for Reform”, “The European Experiences” and “Reflections, Philosophical or Otherwise, on the Law of Evidence Law”.
Professor Daniel B. Rodriguez, the Dean of Northwestern University School of Law delivered welcoming remarks.
Professor Ronald J. Allen, the John Henry Wigmore Professor of Law at Northwestern University and “2014 China Friendship Award” winner made an opening speech.
Professor Baosheng Zhang, the co-director of the 2011 Plan – China Collaborative Innovation Center of Judicial Civilization and the Vice-President of China University of Political Science and Law, delivered keynote speech.
In the morning session of November 21, Professor Basheng Zhang addressed to the participating experts and judges from six continents in the world with an introduction of the achievements made in the process of evidence legislation over the past ten years in China and developments of the National Research Project – Research on Evidence Rules in Litigation, led by Deyong Shen, the Executive Vice Chief Justice of the Supreme People's Court of China and progress made in drafting the Uniform Provisions on Evidence of People’s Court (Proposal for Judicial Interpretations).
In the afternoon of the first day, Professor Baosheng Zhang also made an English speech on topic of “Development of Evidence Law in China” to the participating scholars. He introduced the three stages Chinese evidence law had roughly gone through since 1978 and focused on the construction of evidence system of the people's court and principal defects of the current evidence system. Also, He provided an outlook of the future of Chinese evidence system.
Professor Zhong Zhang, the Associate Dean of the Institute of Evidence Law and Forensic Science, CUPL, made an English speech titled “Practical Basis of Evidence Legislation in China”in the same session with Professor Baosheng Zhang, introducing legislative status of Chinese evidence law and the existing defects in the legislation with the entry point of research on ten Chinese pilot courts in 2013. At last, Professor Zhong Zhang pointed out that a good evidence law system could solve the Chinese practical problem only on the base of Chinese judicial practice and meeting the actual needs of Chinese judges.
Professor Zhuhao Wang made an English speech titled "Why Chinese Witnesses Do Not Testify at Trial in Criminal Proceedings " within the same session with Professor Baosheng Zhang and Professor Zhong Zhang. Professor Wang introduced to the audience the relevant provisions with regard to witnesses testifying at trail prescribed in the 2012 PRC Criminal Procedure Law and generalized nine major causes for Chinese witnesses not showing up to testify before the judge in criminal trials, based on a comparative analysis of data samples collected from ten pilot courts in the nation. Professor Zhuhao Wang concluded that such low rate of criminal witnesses’ appearing at trial in Chinese courts was an extremely complex, multilayered and systematic problem, affected by various factors like legal ideas and system, Chinese traditional culture, and social backgrounds etc., and reforms in only one aspect or some aspects were difficult to make material change to this issue. In the future progress of Chinese judicial reform, more innovative solutions and composite measures with a look at providing convenience for criminal witnesses testifying at trail shall be created.
The speeches of three Chinese experts triggered lively discussions among the participants and they made in-depth talks with the experts from all over the world in the following Q&A session.
Judge Jiahai Zhou from the Supreme People’s Court of China presented a keynote speech in the breakfast session of the second day. Judge Zhou evaluated the profound influence of the implementation of 2012 PRC Criminal Procedure Law on Chinese judicial practice and corresponding problems to be solved, taking "Nian Bin Case" as an example. He pointed out the opportunities and challenges of legislation and reform of Chinese evidence law under a general picture of comprehensively advancing judicial reforms in the nation by China’s Third and Fourth Plenary Sessions of the Eighteenth Central Committee of CPC.
Judge Jiahai Zhou from the Supreme People’s Court of China delivered a keynote speech in the breakfast session of the second day.
During the two-day conference, experts and scholars from all over the world lively discussed, shared experiences and learned from each other. The experts and scholars fully appreciated the achievements gained in China’s legislative process of evidence law and provided lots of valuable advice to Chinese judicial reform, legislation of evidence law and further legal developments.
Professor Jennifer Mnookin, a leading evidence law scholar from UCLA School of Law asked questions to the Chinese delegation.
With an active atmosphere in the session of speaking by the Chinese delegation, all experts and scholars listened to the presentations attentively.
Professor Paul Rothstein, a distinguished professor of evidence law from Georgetown University Law Center made an important speech.
Professor Scott Brewer, a distinguished professor of evidence law from Harvard Law School made a speech at the conference.
The Coordination Committee aimed at reforms of evidence law in both China and Tanzania during an after-conference discussion.
Professor Baosheng Zhang, Judge Jiahai Zhou and Professor Zhuhao Wang had a discussion with Professor Edward K. Cheng, a distinguished professor of evidence law from Vanderbilt University Law School during the lunch break of the second day.
Professor Baosheng Zhang held a cordial talk with Mohamad Chande Othman, the chief justice of the appellate court of United Republic of Tanzania.
Professor Baosheng Zhang, together with Professor Paul Robert – British leading evidence scholar from University of Nottingham and Professor Ronald Allen in an after-conference party.