Legal profession

The degree of independency of the legal profession in a country reflects its degree of democracy and it also has direct influences and impact on its social, legal and economical development, this issue is also at challenge in china. To chase up with the globalization process, a high demand of professionally trained legal workers is required, maybe even internationally. In China, there is a shortage of legally trained judges due to a number of reasons.

Prior to the legal reforms being taken place in the late 1970s, legal knowledge became secondary to political qualification. Furthermore, a stable political statue, such as being an army member would generally assure a better social statue for an individual. There is no exception in the legal area; hence army members have taken a large proportion of judges before China's legal reform.

In sum, political statue and qualification have played a vital role in the old days (Communism) and it continuously influences the development of China's legal profession but nowadays in a more subtle way, aims to stabilize the political power of the CPC. The Communist System is another difficulty that closely relate to the lack of a rule of law, in the presence of a still nearly totalitarian government. In relation to the power of legal profession body in China, unfortunately, the removal and replacement of judges are done by the CPC party.

Also, disqualification of lawyer is under the control of the local government rather than its own profession body. 16 On the other hand, Chinese legal profession has come to recognize the above issues and is now in an active attempt to prepare for this globalization process. The vice-minister of justice has admitted that the problems that the globalization process would bring are the result of its own structural defects.

Reforms for the legal profession are necessary, according to the president of the All-China Association of Lawyers: emphasis will be put on the following areas: reform the country's legal management and rely more on Bar Associations that conform with WTO practices; transform China's present small law firms into corporate ones with each lawyer focusing on specific areas; improving self-disciplinary functions of Bar Associations and formulate relevant rules, including the revising the Lawyers' Law; promote exchanges and cooperation between Chinese and lawyers abroad and china will further expand China will further expand its legal service industry abroad. Whether these changes will bring China's legal profession conformity with the globalization process requirements is still at question. Nevertheless, so far the Chinese government has displayed a positive attitude and urgency towards its willingness in taking part in the globalization process. Contemporary Legislation

Open door policy is an introductory response of Chinese government in terms of taking part in the globalization process. It was targeted at attracting foreign capital and advanced technology. Meanwhile, much legislation was introduced along the way to provide legal protection for foreign investment. This includes Special Economic Zones (SEZs) as well as Foreign Direct Investment (FDI). Nevertheless, problems arise, for example, the trade regulations and tariffs are set by national policy, but their implementation in different provinces and ports is inconsistent. In addition, now China's legislative drafters are working to bring laws into conformity with WTO requirements.

Major legislation, including amendment of the Chinese Constitution, is needed. The role of the courts is also need to be enhanced. More significantly, the deeper change is needed in the way Chinese officials think about law. "Their mentality favors laws and regulations that are drafted to allow flexible implementation – which sacrifices clarity and expands administrative discretion. Giving up flexibility would mean varying law less according to changing Party policy". 20 It has been recognized world widely that China is an important player in the global economy. In fact, it is already one of the world's top 10 exporters and is expected to be the world's largest economy early in the next century.

21 China itself also has this increasing awareness its need to take part in this globalization process. Nevertheless, due to historical and social reasons, deficiencies of its own legal system and law kept slowing down its pace. Hence, legal reforms are necessary, yet, as the above discussion has led, the possible changes will only be progressive due to its unique social status. The Chinese government has actively shown willingness to assert itself into the globalization process through changes. It is not definite how long the process will take, but it will be progressive.


Cambridge International Dictionary of English http://dictionary. cambridge. org/define. asp? key=33184&dict=CALDGreg Mastel, "Beijing at bay". (China and international trade) Foreign Policy, Fall 1996 n104 p26(9) Kui Hua Wang, Chinese Commercial Law, Oxford University Press, Melbourne, 2000.

Randall Peereenboom, "Globalization, Path Dependency and the Limits of Law: Adminstrative Law Reform and Rule of Law in the People's Republic of China" Berkeley Journal of International Law Spring 2001 v19 i2 p161(104) "SPECIAL ISSUE: CHINA: Trying Times; WTO entry will challenge China's legal system. " AsiaWeek, April 4, 2001 pASWK15977553 William P Alford; "Double-edged swords cut both ways: Law and Legetimacy in People's Republic of China", Daedalus, spring 1993 v 122 n2 p45 (25)