? What kind of judge was Hu Yunteng, the first president of the Second Circuit Court of the Supreme Court?

From 20 14 to 12, Hu Yunteng, a full-time member of the Supreme People's Court Judicial Committee and director of the research office, did a lot of things. He led a delegation to visit Taiwan Province Province; Interpreted the spirit of the decision of the Fourth Plenary Session of the 18th CPC Central Committee for all party member cadres of the Beijing Tourism Commission, and introduced the breakthrough of a new system to the media: if there are seven serious situations, such as sexual assault, betrayal and refusal to perform guardianship duties for more than six months, their guardianship qualification can be revoked.

In mid-June, he published a long article "Always Uphold the Party's Leadership and Ensure an Independent and Fair Judiciary" in the Red Flag Manuscript.

With the appointment of the National People's Congress on February 28th, 65438, his life took on a different look: he would become the president of the Supreme Court Circuit Court.

"There is no doubt that Judge Hu Yunteng is a rare scholar-type judge." Liu Guiming, editor-in-chief of Democracy and the Legal System, who has known him for more than 20 years, told the China Youth Daily reporter that "such a scholar-type judge is in charge of the First Circuit Court of the Supreme Court, which can be described as good popularity and brilliant."

Indeed, Hu Yunteng's most striking label is "scholar".

Master from Southwest University of Political Science and Law (1995 renamed Southwest University of Political Science and Law), Ph.D. from China Renmin University. Before becoming a "scholar-type official", he was a researcher at the Institute of Law of Chinese Academy of Social Sciences, and published more than 100 academic papers and nearly 40 books, among which "General Theory of Death Penalty" and "To Be or Not-A Study on the Basic Theory of Death Penalty" are quite weighty in domestic death penalty research works.

In 2008, Hu Yunteng, then deputy director of the Supreme People's Court Research Office, repeatedly mentioned "I am a scholar" in the communication with his peers.

Liu Guiming believes that for the circuit court, a new thing that "needs to persist in exploring practice and constantly sum up experience", Hu Yunteng, a "sophisticated talent with advanced research level, superb coordination ability and high vision", is needed.

Many people still remember Hu Yunteng's three talks with Qiu Xinglong and Zhang Jinlong on the death penalty in 1998. More than one person noticed that Hu Yunteng, who was usually taciturn and seldom laughed, would talk about the death penalty. Before he was transferred to the Supreme Court, he publicly stated the reasons for abolishing the death penalty more than once: justice, humanity and human rights protection. "No matter how rigorous the judicial procedure is, the application of the death penalty may kill innocent people by mistake."

Because of his interest and continuous concern on this issue, he was once nicknamed "Hu's death penalty" by academic circles.

The dialogue was hosted by Liu Guiming. His deeper impression of Hu Yunteng is that more than ten years ago, "seeing a friend with a high level of legal research and talent facing despair, he immediately dragged me to drive 300 kilometers to his friend's city for emergency coordination, and finally let him out of danger".

"He is a very affectionate person," Liu Guiming concluded.

In 2007, the Legal Evening News reported that Hu Yunteng, a judge hiding behind professional legal terms, was "unwilling to admit defeat" and "very tenacious", probably because he suffered too much as a child, so he "only knew how to work hard".

Hu Yunteng, male, 1955, from Lu 'an, Anhui. Three years later, his family was sent to the countryside. 1979 took the college entrance examination, and he applied for Southwest University of Political Science and Law. However, because I didn't fill in my resume before and didn't fill in my experience for several years, I was stopped during the political review.

Years later, he described himself as "at the beginning of fate, he had a big fall." Anyway, after the "sulking holiday", he has to report to the Department of Political Education of Anhui Normal University.

Four years later, he was admitted to Southwest University of Political Science and Law again and insisted on self-study of law at the university.

His career has always revolved around the law. First, I taught at the Law School of Anhui University. After graduating from Ph.D., I went to the Academy of Social Sciences to do research. Eight years later, I went to the research office of the Supreme Court.

"He is an enlightened person within the system," said Professor He Bing, deputy dean of the Law School of China University of Political Science and Law. "This also means that he has always been safe and reliable."

In the early 1990s, Hu Yunteng put forward a "century vision" of abolishing the death penalty in his doctoral thesis. More than ten years later, he admitted in a legal journal that his original consideration was not perfect and the road to abolishing the death penalty must be taken slowly.

"In a closed and opaque judicial system, it is difficult for any beautiful system design to produce the expected good results," he said at that time.

Also in this interview, he calmly rejected the high hat proposed by the interviewer: "The two hats of a well-known jurist and an excellent lawyer are not suitable for me, because I still have self-knowledge. But as a legal researcher, I think we should create conditions to connect with reality. "

He further explained that "when the conditions are ripe", "jurists should work in the judicial practice department for a period of time": "I think the legal theorists should pay more attention to the judicial practice in China at this stage, especially when the judicial system in China is being reformed and the modern judicial system is being established, and jurists should actively participate in it."

Now all this seems to have come true for him.

Two years ago, in a report on "judicial reform", Hu Yunteng, who was then the director of the Supreme Law Research Office, reminded college students that "our judicial reform is the development and perfection of the judicial system in Socialism with Chinese characteristics" and that "judicial reform is not to pursue some empty principles, but to solve practical judicial problems".

2065438+On April 24th, 2004, he was appointed as the second-class judge together with Liu Guixiang. In the socialist judge system with distinctive China characteristics, this means that he has also become a deputy ministerial cadre.

20 14 12 in an interview with a certain media, Hu Yunteng shared his experience in drafting "the Central Committee of the Communist Party of China's decision on several major issues concerning comprehensively promoting the rule of law". It is said that the drafting group was particularly representative at that time, and many opinions were revised repeatedly after investigation all over the country. For example, the two sentences of "ruling the country according to law must first uphold the Constitution" and "ruling the country according to law must first uphold the Constitution" were once deleted. Finally, the drafting group held a meeting to discuss and reached a unified opinion to write them in, and the final effect was very good.

However, the latest appointment of 65438+February 28th will open a new chapter in the life of this justice.

Xin Xu, a Hu Yunteng alumnus of Southwest University of Political Science and Law and a professor at Beijing Institute of Technology, commented that the Circuit Court "seems to focus on solving the problem of judicial localization and implementing the' proper separation of judicial and administrative regions'. In essence, its supervision and guidance function is limited, but it mainly solves the problems of sending the law to the countryside and facilitating litigation, and pays more attention to dispersing the workload of the Supreme Court ... Its implementation will help promote the judicial progress in China to a certain extent, but it still needs further design and design.

His old friends in academia, He Bing and Qiu Xinglong, declined to comment.

Liu Guiming, on the other hand, showed more optimism: "If there were more exploration practitioners like Judge Zou Bihua and thinking researchers like Judge Hu Yunteng in reality, the construction of legal profession would be solved."

A long time ago, Hu Yunteng expressed his understanding of the law to the media. Difficult terms converge to the end, leaving only a simple sentence: "A kind heart is the best law".