Home > PUBLICATIONS & RESOURCES > PAPERS >

Escorts of Recognition: The Training and Role Construction of the Minority Judicial Cadres
September 28,2016   By:chinahumanrights.org
\
Zhu Linfang (photo: Zhao Yifan)

Escorts of Recognition:
The Training and Role Construction of the Minority Judicial Cadres
 
Zhu Linfang

Lecturer of Southwest University of Political Science and Law
 
Abstract:The concept of litigation of the minority is changing, which can be seen that more and more minority people submit the dispute to the national judicial process. In some way, it is the victory of the national law on minority customary law and the victory of the national judicial on the minority dispute resolution mode. However, it brings about risks and challenges to the judicial system since the judicial machine of a state may not be able to produce products in line with expectations of minority people. If the product of the judicial trial dose not conforms to their expectation, minority people’s approval on justice and national identity can become victims. Therefore, the point is how to make minority parties to accept the results given by justice. In the background of national integration of multi-ethnic pattern, national identity is often manifested in dual identity that the distance between people and their own ethnic origin is relatively close while the distance between them and the whole nation is relatively far away, that is to say, in recognition of a person's lineage, its origin ethnic identity often take precedence over and above the common national identity. The special status of minority judicial cadres is given its approval to narrow the distance between the two senses of recognition. It is because the judicial system is aware of the importance of recognition to the dispute resolution that changing on the related issues is necessary.  According to conventions the top leadership and deputy positions of people's courts and people's procuratorates the autonomous areas is generally required to have at least one member of the national implementation of the regional ethnic autonomy; when the party is minority, at least one member of the judicial officers should be minority; so as to ensure local autonomy minority citizens to use their native language in court proceedings. These special provisions on judicial organization make the judicial system in request of the national judges. As a result, the state and national autonomous areas adopt a series of measures to solve the shortage of national judicial cadres problems. Minority judicial cadres are outstanding individuals of ethnic minority areas through selection and training of. The formulating and practicing of the policy of training minority cadres makes these individuals become agents of the state judicial power to fulfill the duties to resolve disputes in minority areas. Sense of recognition between minority cadres and minority party reduces the distance and obstacles for minority parties to accept national judicial authority and its products, and thus a sense of recognition of the nation as a public power provider and its dominate reality and dominance effects in the field of justice. Therefore, the minority judicial cadres become escorts for minority to form judicial identity and then national identity.
 
Keywords: minority, judicial cadres, recognition
 
ZhuLinfang , Lecturer of Administrative Law School, Southwest University of Political Science and Law.