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)
