Friday, October 17, 2008
Huang Songyou (黄松有), a vice president of the Supreme People's Court, is reported to have been detained under the extra-legal (a polite word for illegal) "double designation" (双规) system of Party disciplinary investigation. Huang is familiar to many in the Chinese law world as the chief promoter of the Qi Yuling decision, in which the Supreme People's Court instructed a lower court to grant a plaintiff relief based directly on a violation of rights found in the Constitution. This was widely considered to be a first step toward the eventual justiciability of the Constitution, but in the end the decision disappeared like a stone in the sea and hasn't been mentioned for years.
Here's a translation of a piece he authored at the time. I'd like to give credit for the translation, but I don't even remember who gave it to me, let alone who translated it. My apologies to the translator.