CHINA ESQUIRE

Xinhua recently reported that there is an 80% increase in the number of lawyers in Parliament–a total of 22 lawyers at the top level and over 800 at lower levels. That’s not too bad actually, though still a minority. It does represent an interesting shift from the technocracy of the previous higher leadership in China, but I will leave that open for comment.

An excerpt of the article reads:

The number of lawyers participating in China’s current term of parliament and top political advisory body reached 22, an increase of 80 percent over the previous term, said Yu Ning, chairman of the All China Lawyers Association (ACLA).

“The increase is in line with the development of modern society and a result of China’s progress in building a society ruled by law,” Yu said.

National legislators and advisors include deputies to the National People’s Congress (NPC) and members of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC).

According to the ACLA, more than 800 lawyers now serve as deputies to people’s congresses at various levels across the country.

Yu said lawyers have extensive contact with all sectors of society and learn about the public interests and appeals. They are able to express views on behalf of the masses based on their professional knowledge.

Han Deyun, a lawyer with the Chongqing-based Suotong Lawyer Office, has just begun his second five-year term as an NPC deputy, or national legislator. He said that as China’s objective of governing by law becomes more clear-cut, there will be more scope for lawyers to better perform their duties as lawmakers and political advisors.

Han once taught law at the Southwest University of Political Science and Law. In 1995, he left teaching and became a lawyer. Currently, he provides legal consultation to governmental departments and companies.

The reason why I thought this was significant was for rule of law purposes. If the legislators are increasingly lawyers, then the laws that are passed in China will and should (hopefully) be better in their quality, scope, uniformity, and yes, limitations. Which means that the laws will (hopefully) be more trustworthy over time. I note that historically, half of the United States Congress has been comprised of lawyers. If you see this as negative, then I apologize. But what does that mean? It means that a lot of congressional members understand the law–and how to write good ones. In California, most of the notorious and poorly written laws are propositions that are pushed by the voters. (and often become the responsibility of the courts to strike and re-write)

Yes, this has its downsides. It means that sneaky Parliament members can write in all of the self-benefitting provisions they want. (think U.S. Congressional earmarking) It means that Parliament can write laws that apply generally, but with clever loopholes for the educated to manipulate.

But on the whole, for the benefit of society, I think it is a good thing for people who are well versed and trained in the law to be writing the laws. It seems rather obvious when I say it. It will take a long time for the rule of law to take hold in China, but this is another step towards that goal.

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