China should harness more judicial talent with global capabilities, says expert

Lawyers who understand the finer nuances of global law and can fight their cases in international courts are essential for enhancing China's global image, says Wang Zhenmin, dean of the school of law at Tsinghua University.

Wang, who was selected as a member of the American Law Institute last month, says that the number of Chinese lawyers who have international exposure is limited and not at all commensurate with China's current global standing.

"Right now there are very few Chinese lawyers who can call themselves global legal eagles. But in nations like the US, the number of such lawyers could easily reach a million, which means that 1 in every 300 US citizens could be a lawyer," Wang says.

Citing an example from the US Department of Commerce, Wang says that there are about 400 lawyers working with the organization, while in China the number of such lawyers is between 20 and 30, which is less than one tenth of the US strength.

"China needs to learn and adjust more with the international environment, as most of the existing laws or framework have been drafted by the Western world," Wang says. "It is important that China not lag in this aspect as legal eagles are now an important part of the armory.

Citing the recent example of the plaint filed by the Philippines in the international court over the South China Sea territorial dispute, Wang says that China should file a response in the court saying that it had the right of dispute on the territory and as such, international laws do not have any bearing on the case.

"What China needs to do is to stress more on the power of the law in the international arena and also focus on improving its global standing," Wang says.

As the dean of the School of Law at Tsinghua University and one of the founders of the first group of law schools set up in China, Wang says the School of Law at the Tsinghua University has been at the forefront in training Chinese legal talent in global judicial practices.

"The first English-taught postgraduate program in Settlement for Dispute and International Arbitration was launched this year," Wang says. "Our efforts are to train Chinese lawyers in global practices in China itself."

Efforts by Wang and his team have helped Tsinghua University's School of Law improve its ranking among global universities. The school was ranked 26th last year, compared with a ranking of 46 in 2011, according to information provided by QS World University Rankings. Wang, however, says that there is still a huge gap between law schools in China and the US.

Wang says that an encouraging trend in China is that more students are now interested in studying law and taking it up as a career option. "What we need to do is not to attract more students to study law, but to absorb students with good overall qualities as law is not a normal course like natural science, but something that needs high moral standards."

Having studied law at the University of Hong Kong for two years and then as a visiting scholar at the Harvard Law School for a year, Wang is more than familiar with the US common law and the Chinese judicial system.

Institutions like the American Law Institute have played an important role in the interpretation and simplification of US common laws, Wang says, adding that China should also consider setting up similar institutions.

"No law is perfect, and so is the Chinese law," Wang says.

"China should strive to bring its legal professionals and academics under one roof and also tweak its existing judicial practices to conform with changing social needs."

Citing the example of the election dispute settlement mechanism in the US, Wang says the judicial effectiveness of the system ensured that there is very little chance for conflicts and fights.

"If we look at history, we can see that most of the wars and disputes were essentially a fight for power. However, in modern times, in a civilized society, election disputes are essentially matters that can be solved by the judiciary," Wang says. "I consider it important progress."

Wang says China faces many judicial problems and most of these can be solved through legislation or enforcement.

"China does not lack the laws to govern its citizens or individual enterprises. Rather, what it really lacks is laws to govern the government," Wang says.

"In the 13th century, the law that regulates the government and asks the government to follow the rule of law had already been made and enforced in the UK. However, in China this part has not been quite developed and the law has functioned more to regulate citizens.

"Making laws that regulate the government is really important, as people need to be reminded that there is no difference between them and the government when it comes to upholding the law," Wang says.

As far as enforcement is concerned, Wang says China needs to enhance its law enforcement mechanism and ensure that the authorities are in tandem with court decisions.

"In Western countries, it is very rare to find cases where court decisions have not been enforced by the government. However, in China, this is a problem as court decisions can easily be overthrown and not implemented at all."

"In the US, the army was called out in 1956 to implement a law enforcement order in Arkansas. What China needs to do is to be more determined in taking action.

"Law plays an important role in a country's prosperity and stability," Wang says, quoting the US constitution, which brought together 13 independent states and laid the framework for a successful economy.

"The constitution has ensured that the US has progressed on a strong economic, judicial path."

liaoxue@chinadaily.com.cn

(China Daily 05/03/2013 page24)