China seeks to open judiciary to lawyers and scholars
Reform aims to recruit judges and prosecutors from private practices, but veterans say the system lacks independence and cannot really change
China will recruit experienced lawyers from private practices as law drafters, prosecutors and judges as part of Beijing’s attempt to improve its judiciary.
But some legal scholars and lawyers said political influence and remuneration remained concerns, despite recent reforms in these areas.
According to a document posted on the internet this week, which was confirmed by a number of lawyers who have seen it, the central government has instructed the Central Political and Legal Affairs Commission and judicial authorities at all levels across the nation toformalise the recruitment of law drafters, judges and prosecutors.
Qualifying lawyers and legal scholars must be Communist Party members and have practised or researched law for no less than five years and have a good reputation, according to the document. Candidates must be of good character and uphold principals of openness and fairness.
The new policy follows a pilot scheme set up in March by the Supreme People’s Court and the Supreme People’s Procuratorate to recruit lawyers and legal academics as judges and prosecutors during what they called “a year of critical judicial reform”.
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Similar moves were announced in recent years but failed to generate a significant impact, according to critics who questioned whether the latest move would ensure that private legal practitioners could thrive in a judiciary that regards judgesas little more than civil servants.