Guidelines clarify court, lawyer ties

A clear line has been drawn between Chinese judges and prosecutors and independent lawyers in two new guidelines in a move to prevent judicial corruption, uphold justice and advance the implementation of the rule of law more effectively.

The guidelines were jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice on Tuesday. One focuses on establishing a mechanism to prevent improper contact between judges, prosecutors and lawyers, while the other is aimed at regulating the behavior of those who leave courts or procuratorates and then become lawyers.

Based on previous stipulations on preventing interference in justice, the guidelines list seven specific prohibitions for judges and prosecutors to further help them determine their limitations in their contact with lawyers.

For example, the guidelines prohibit judges and prosecutors from privately attending lectures, trainings, forums or ceremonies held by law firms, nor can they accept gifts from lawyers at events such as funerals or weddings.

They also are barred from renting houses or borrowing vehicles or other property from lawyers, nor can they participate in any activities arranged by lawyers that may create a future conflict of interest due to personal relationships that may be established, such as banquets or parties, according to the documents.

Working with lawyers to open companies is also disallowed for judges and prosecutors, and they should not connive with their spouses, children or their children's spouses to act as "hidden partners" in law firms and illegally obtain salaries.

Furthermore, judges and prosecutors are prohibited from providing case-related materials or judicial opinions to law firms, and the practice of recommending lawyers or making suggestions to litigants to change their attorneys is not permitted.

The guidelines reemphasize that neither judges nor prosecutors are allowed to practice law until two years after they leave their jobs, and they stipulate that those who are fired by courts or procuratorates cannot receive lawyer qualification certificates.

Considering that some retired judicial officials have offered benefits to new employers by taking advantage of ties forged during their previous work, the documents also clarify that such people must sever their relationships with courts and procuratorates in a timely manner if they choose to work for law firms later.

The SPC, the country's top court, called for courts nationwide on Wednesday to carry out self-inspections, ordering them to rectify misconduct listed in the guidelines as soon as possible.

Ruan Chuansheng, a law professor at the Shanghai Administration Institute, said the specific prohibitions listed in the guidelines "hit the nail on the head", adding that such documents are urgently needed.

He said improper contact between judges, prosecutors and lawyers was frequent and called for judicial officials to further regulate themselves.

Xu Hao, a Beijing lawyer, said the graft in the judicial system has had a serious negative effect on society and that the stricter restrictions in the guidelines would serve as a stronger warning for corrupt judicial officials.

Both Ruan and Xu called for those involved in the legal sector to focus on issues related to the law and improve their case-handling abilities to jointly uphold justice.