Legislators at the ongoing annual session of the National People's Congress (NPC) criticized the improper relationships between some lawyers and judges, a phenomenon that negatively affects the justice system.
The judiciary forms the foundation of social justice, but when judges accept bribes from lawyers trying cases before them the dignity of the law and authority of justice are eroded and tarnished, said Li Guoguang, an NPC deputy and vice president of the Supreme People's Court.
"Judges should guard against all temptations, especially when working alone," Li said in an interview Tuesday.
However, the annual income of a judge is about one-tenth that of a lawyer, and some fail to adhere to their ethical code when offered financial inducements by lawyers with ulterior motives, said the president of the higher court of a northeastern province, who declined to be named.
Scandals involving judges have been reported time and again in China over recent years. In one of the most notorious, 13 judges of the Wuhan Intermediate People's Court in central Hubei Province -- including two court vice presidents and some deputy presiding judges -- were found to have taken more than 4 million yuan (US$480,000) in bribes early last year. Nine more received administrative discipline and 30 middle-level officials were demoted.
Xu Zhihui, an NPC deputy who works in a Beijing law firm, said that some litigants ask the lawyers they hire whether they are on "good terms" with judges who are going to hear their cases. They believe that a close relationship between their lawyer and the judges will help them win their case.
Xu said that the majority of China's 102,000 licensed lawyers abide by their professional ethics; likewise, most of the 200,000-plus judges are clean.
Last year, the Supreme People's Court and the Ministry of Justice jointly issued regulations to regulate professional conduct, including a ban on secret meetings between lawyers and judges.
However, Xiao Yang, chief justice and president of the Supreme People's Court, acknowledged that the need to regulate lawyer-judge relations goes beyond the country's existing rules.
"We must place equal emphasis on discipline and self-discipline, on supervision and punishment," said Xiao.
He called on judges around China to respect the power in their hands and on courts at all levels to improve the working and living conditions of their judges.
He also called for the establishment of an independent judicial operations system that would minimize the unfair deals between lawyers and judges.
(Xinhua News Agency March 9, 2005)
