With the further implementation of a now centrally positioned legal
system, social positions and salaries of lawyers have begun to
greatly improve. This year, eight lawyers have been elected to the
10th
National People's Congress, and although the number is quite
small, they play an increasingly important role in the
establishment of China's fast developing legal system.
Number of Lawyer Deputies Increases in 10th NPC
Official figure shows that China has nearly 10,000 law offices and
about 120,000 licensed lawyers but far less than is required by the
rising demand. The social position as well as high salary has
attracted people's attention. Since Ministry of Justice set new
entrance examinations for judicial personnel in 2002, the examinees
have exceeded 360,000.
Nowadays, more and more lawyers emerge on China's political stage.
In the past five years, there were six lawyers in the 9th National
People's Congress. And four of them have been reelected to 10th
NPC. One of them was shifted to work in People's Court, while
another one was shifted to standing committee of local legislature
and retired there.
In
the 10th National People's Congress, the number of lawyer deputies
rose from six in the 9th NPC to eight: 6 female and 2 male.
Here's a photo of all the lawyer deputies to the 10th National
People's Congress. From left to right, they are Zhang Yan, Chen
Shu, Yang Weichen, Wu Zengrong, Chi Susheng, Chen Ziyun, Xu Zhihui,
Han Deyun. All of them are famous lawyers in their cities.
Currently, there's no special election group for lawyers as there
is for farmers, workers or intellectuals, so lawyers can find it
hard to be elected to the top legislature. Some get elected for
their contribution to the local economy and social life, others
because of their title as local Outstanding Youth, and some elected
as delegates to other parties. To take Chi Susheng for example, the
deputy from Qiqihar of northeast China's Heilongjiang Province was
elected from the group of Jiusan Society in Heilongjiang
Province.
Witness of China's Legislative History
Chi Susheng, a 49 year-old senior lawyer of the Heilongjiang
Susheng Law Office, is one of the first group of lawyers to
practice law since China re-introduced lawyers back into court in
1979, and has witnessed much of China's legislative history in the
past 24 years.
Chi was assigned to a law office of the local people's court after
graduation in 1979. "The People's Republic of China first adopted
lawyers into a judicial system in 1955, but stopped for political
reasons in 1958. When the legal system was restored in 1979, there
were few professional legal talents. Lawyers at first practiced
with and under the leadership of the people's court, mainly dealing
with criminal cases for the government. Except for the Constitution
(1954, 1978), there were actually two laws in operation then:
Criminal Law and Martial Law," Chi said, in an exclusive interview
with China.org.cn.
After the re-establishment of the Ministry of Justice in September
1979, lawyers were placed under the administration authority of the
Justice department. China's first law office emerged then in 1985,
and since then the establishment of legal practices is common and
now aims to defend the interests and rights of ordinary people.
She recalled that the law has had an effect on the country's rapid
economic development. "Business cases emerged in the beginning of
the 1980s, and many more such cases have rushed to the courts since
China enacted the General Principles of the Civil Law in 1987."
When Chi reviews the past 24 years, she says that she is quite
satisfied with the development of China's judicial system, although
there are lots of complaints from the grassroots. "Great progress
has been achieved continuously over the past 24 years, and I hope
that it can further carry out reform," she added.
She is studying administrative lawsuits now and helping weaker
members of society to bring attention to the wrongdoings of
government. She told China.org.cn that although some articles of
Administrative Procedure Law can't suit everyone's needs today, the
latest judicial interpretations from the Supreme People's Court can
still help them to win cases.
Active Role in China's Top Legislature
Compared with the total 2,992 deputies of the 10th National
People's Congress, the number of lawyer deputies is really quite
small. However they participate in key issues in the top
legislative body.
In
the last congressional term, Ms. Chi, together with 5 other lawyer
deputies, exchanged viewpoints toward current debate. They also
brought many bold suggestions to both the NPC Standing Committee
and the government, including amendments on the current
constitution.
In
the past five years, Chi, as a deputy to the 9th National People's
Congress, has always criticized the wrongdoing of the local
judicial departments and participated in the revision of the
Marriage Law.
As
a lawyer deputy, she gets the opportunity to speak in group
discussions at the First Session of the 10th NPC which concluded in
Beijing on March 18. "Some deputies including local government
leaders ask me to examine their bills which they plan to submit to
the NPC Standing Committee," she said.
During the meeting, Ms. Chi was assigned to examine the work report
of the Supreme People's Procuratorate and did so with
distinction.
Suggestions for People's Congress System
"Only by fulfilling a centrally positioned legal system and
strengthening its enforcement will the position of lawyers be
improved," says Chi, regarding law enforcement as a method to
secure legal rights and interests.
In
her eyes, the first step for China's legislation is to set up a
legal framework, that, strengthened by law enforcement, will solve
problems according to law at last.
In
the past five years, China's top legislature promulgated 113 laws
and established a framework of a judicial system. Thus, law
enforcement has become a top concern.
She attributed weak law enforcement to the current system of
judicial departments, and suggests three measures to solve it:
First, China should dismiss unqualified personnel who ignore the
law or don't even know law at all, and introduce new blood into the
judicial system. She said that the judicial examination set by
Ministry of Justice last year had selected plenty of professional
legal talents.
Second, judicial departments like the People's Court and the
People's Procuratorate should be directly administrated by
departments totally independent from local government.
Finally, the fiscal budget of judicial departments should be
ensured by the NPC.
This would avoid local protectionism and strengthen law
enforcement. However, she notes that in order to change the
organizing system of judicial departments, the current constitution
would have to be amended.
In
other aspects, the NPC Standing Committee introduced 20 of its
members to work full-time. Chi says that this will strengthen
lawmaking and the supervision of government. But she says there is
a real need for genuine research to take place here
She urges the NPC Standing Committee to carry out further reform
and attend to the appointment of more lawyers.
"Before long I think there will be lawyers working full time in the
NPC Standing Committee, and more lawyer deputies in the next NPC
too," she says, with confidence.
The number of lawyer deputies is going to rise and lawyers are
likely to play a stronger role in the future of the congress.
(China.org.cn by Staff Reporter Tang Fuchun, March 20, 2003)