Xiao Yang (judge) facts for kids

Xiao Yang (Chinese: 肖扬; August 1, 1938 – April 19, 2019) was an important Chinese judge and politician. He held two very high positions in China's legal system. From 1993 to 1998, he was the Minister of Justice. Then, from 1998 to 2008, he served as the President of the Supreme People's Court. This role is like being the Chief Justice of China.

During his time as Chief Justice, Xiao Yang made big changes to China's legal system. One major reform was bringing back the Supreme Court's power to review all death penalty cases. This change led to many fewer executions in China after 2006. He also worked to make judges more professional. He pushed for new judges to pass a special exam. Xiao Yang also believed courts should be independent from political influence, but this goal was harder to achieve.

Early Life and Education

Xiao Yang was born in August 1938 in Heyuan, a city in Guangdong province, China. He went to Renmin University of China in 1957 to study law. He finished his studies and graduated in 1962.

His Career Journey

Starting in Guangdong

After graduating in 1962, Xiao Yang taught at a law school in Xinjiang for a short time. He soon returned to his home province of Guangdong. There, he worked for the government in Qujiang County. In 1966, he officially joined the Chinese Communist Party.

From 1981 to 1983, Xiao Yang was a Party Committee Secretary in Wujiang District. In 1983, he became the deputy procurator-general of Guangdong Province. A "procurator-general" is like a chief prosecutor. He was promoted to the main procurator-general role in 1986. In this job, he made changes to Guangdong's legal system. He even created China's first special office to fight corruption in the province. He also set up a center in Shenzhen to deal with economic crimes.

Working for the National Government

In 1990, Xiao Yang moved to work for the national government in Beijing. He became the deputy procurator-general of the Supreme People's Procuratorate. This is the highest prosecution office in China.

Three years later, in 1993, he was chosen to be the Minister of Justice. This meant he was in charge of the country's justice system. As Minister, he started new programs, including a system to provide legal help to people who couldn't afford it. He also promoted the idea of the "rule of law." This means that everyone, including the government, must follow the law. This idea became an official principle for the Communist Party in 1997.

Big Changes as Chief Justice

In March 1998, Xiao Yang was elected President of the Supreme People's Court. This made him the Chief Justice of China. He was re-elected for a second term in March 2003.

Starting in 1999, he began many important reforms. The most significant change was bringing back the Supreme Court's power to review all death penalty cases. Before this, since the 1980s, provincial courts had the final say in these cases. Many provincial judges did not have strong legal training. This sometimes led to too many harsh punishments, and even some wrongful executions.

Xiao Yang's plan to reduce executions faced a lot of disagreement. Many people in the government and public supported the death penalty. One of his strategies was to encourage judges to use a "death sentence with reprieve." This sentence usually means a life sentence instead of execution. He also used the idea of "Harmonious Society," which was important to the leader at the time, Hu Jintao. Xiao Yang argued that a harmonious society should have fewer executions.

In 2006, he succeeded in changing the law. This change gave the Supreme Court the final review power for death penalty cases again. After his reform was put into action in 2007, the number of death sentences dropped by 30% that year. Many cases were sent back to lower courts to be reviewed again. The number of executions in China has continued to decrease significantly since then.

Another big change Xiao Yang made was to make judges more professional. Before, judges were often chosen like other politicians, without much focus on their legal education. Xiao Yang worked to change this. In 2001, the law was updated to require all new judges to pass the National Judicial Examination. Now, most judges must have proper legal qualifications, except for the court presidents, who are still political appointments.

Xiao Yang also worked to make trials more open to the public starting in 1998. Some trials were even shown on television. He also tried to make courts independent from political influence. However, he was not fully successful in this. The Communist Party still controls China's legal system. After Xiao Yang retired in 2008, no one else has pushed for courts to be independent again.

Xiao Yang was a member of the 15th and 16th Central Committees of the Chinese Communist Party.

Death

Xiao Yang passed away from an illness in Beijing on April 19, 2019. He was 80 years old.

See also

In Spanish: Xiao Yang para niños