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Judicial reform could turn lawyer into judge

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2015-07-07 09:17Shanghai Daily Editor: Wang Fan

For the first time, Shanghai's court system is reaching out beyond its own ranks to appoint a judge.

Shang Jiangang, a senior partner at Dacheng Law Offices has been named a candidate for the bench on the Shanghai No. 2 Intermediate People's Court. A final announcement on his appointment is expected sometime this month.

A well-known specialist in intellectual property cases, Shang generated over 10 million yuan of profit ($1.6 million) for his law firm last year, according to media reports.

His candidacy is part of a judicial reform process in China that aims to recruit qualified professionals from outside the usual circle of judges and procurators.

Shanghai is one of six provincial-level pilot regions for the reform.

The Shanghai High People's Court and Shanghai People's Procuratorate jointly issued a notice in April inviting lawyers, legal scholars and other legal professionals who hold certain certification and are under 45 to apply for judgeships and procurator positions.

Under the former system, candidates had to pass civil service examinations and amass years of work experience in the judicial system before rising to become a judge or a procurator.

That contrasts with Western systems, like the US, where top judges are often plucked from the ranks of prestigious attorneys. Nor do judges in China carry the same prestige as their counterparts in the West.

Shang declined an interview request from Shanghai Daily, but the 39-year-old said in earlier interviews that it was his ultimate dream to become a judge.

"A lawyer helps people, while a judge helps society," Shang wrote on his Weibo account on June 20.

"A lawyer handles cases to make sure his clients enjoy legal protection and avoid risks, while a judge determines what is right and what is wrong for society with case decisions."

China's judiciary has been losing members as an increasing number of judges quit what is a high-pressure, relatively low-paying job to find more lucrative work. With similar workloads, a lawyer is said to earn about three times the salary of a judge.

Between 2009 and last year, 409 judges quit their positions in Shanghai. According to the Shanghai High People's Court, most of the departing judges were between the ages of 40 and 50, experienced professionals seeking positions in government offices or elsewhere.

"A lot of judges are leaving the court to become lawyers," Shang said in an interview with thepaper.cn website. "If some lawyers can enter the court through organized selection, it will create an exchange of talent that will benefit the whole judicial system."

Shang, who graduated in law from Fudan University, has been a practicing attorney for 16 years. His high profile cases include a network copyright dispute in 2001 that won his client 10,000 yuan in compensation from a website, the first case of its kind in Shanghai. He was also on the team of lawyers hired by Shanghai writer Han Han in 2012, when Fang Zhouzi, a well-known and controversial blogger, claimed that Han's writing was really the work of his father.

"I still need time to study before taking up a new job as judge," Shang said.

"It is a highly professional occupation, and I'm a bit nervous. My income is at the top level in my law firm. I don't know how much I would be earning as a judge, but that isn't important to me. I think I have already earned as much as some judges earn in a lifetime."

Liu Chundong, a senior partner at Panocean Law Firm, said Shang's nomination signifies a possible turning point.

"It's true that lower-level judges experience poor job satisfaction," he said.

"An increasing number are leaving. Shang's nomination is good news for the judicial system because it opens a two-way channel between the courts and those in the legal system."

Liu said he hasn't considered becoming a judge yet because lawyers have more freedom.

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