China Preparing New Judge Corps for WTO Era

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Last updated at: (Beijing Time) Thursday, January 02, 2003

China Preparing New Judge Corps for WTO Era

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Video tapes of a one-and-a-half-hour moot court trial held in 2002 show Australian judge Ron Cahill, invited to observe the trial, nodding approval 35 times, smiling for 60 minutes and applauding for three minutes.

Cahill, Chief Magistrate of the Australian Capital Territory's Magistrates' Court, said that he had rarely been so excited.

"The Chinese judges' work was great, far beyond what we had previously imagined. They handled the laws, the facts and the evidence almost perfectly. They are not inferior to western judges," said Cahill.

The thing that impressed him most was that those chosen to hearthe case were ordinary judges from a Chinese court rather than professional actors, said Cahill, a judge who has heard cases for 32 years.

Ma Aidi, president of Beijing's First Intermediate People's Court, told Xinhua that, to meet the needs of the judiciary following China's accession to the World Trade Organization (WTO),China is in the process of training a number of qualified judges who are both well-versed in jurisprudence and WTO rules and proficient in foreign languages.

A report from China's Supreme Court listed the creation of a new high-quality judge corps as one of the eight components of China's judicial reform.

The Court has established a training program which includes academic study, refresher courses, advanced studies abroad and academic exchanges, all of which improve judicial capacity. Former judges currently studying abroad are offered incentives upon their return.

An internal network provides judges with efficient and prompt training and exchange information and services, said Ma.

The Court views China's publication of legal documents and conducting of open trials as major steps forward in guaranteeing the legitimate rights of the parties, said vice president Li Xinsheng.

The Court, which has been handling intellectual property cases for ten years, hears all of China's patent and trademark administrative cases.

Intellectual property cases are often the most difficult, said Li, adding that, despite the complexity of the cases, the twenty-plus judges of the Court's Intellectual Property Branch are very efficient, handling an average of one case per day.

A female judge named Gu Shibo, well-known for her efficiency, has handled more than 560 civil cases in the past two years.

With China's WTO accession, the number of cases falling within the court's jurisdiction is sure to increase, said Li.

With the amendment of the trademark law, about 20,000 cases formerly handled by administrative bodies will now be decided by the courts. Based on just ten percent of that number, the Intellectual Property Branch will face five more cases per working day, according to Li.

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