1/18/2008

THE MORE LEGAL KNOWLEDGE A JUDGE HAS, THE WORSE HE WILL BECOME, IF HE IS NOT MORALLY GOOD, SAYS THE GUANGDONG HIGHER COURT HEAD

“After making this court report, I will be retired, and my consideration of issues will be limited. Today, however, I want to fire a canon of statement ! Right now, there are a great number of law school students that can not do the court work, and they have to be trained from the very beginning !”, said the Guandong Provincial Higher Court President LU, Botao, out of his personal feelings and experiences, at the Guangdong provincial people's congress yesterday afternoon, as reported by the Canton Daily of 18 January 2008.

“That the governments develop economics can not simply look at the GDP, and to train talents are also not simply to look at the gross school admission rates. Academic certificates do not represent capabilities, academic certificates do not represent personal morals, academic certificates do not represent characters, this is vitally important.”

“The more legal knowledge a judge masters, the worse he will be if he is not good at morals, because he is more aware of how to avoid the blank areas of law. I believe this is true of the other professions. Therefore, please do keep in mind that we shall never simply reply on the academic certificates.”

“Take the governmental purchases by public auction for example, it is very good ! We heads all want to support that, for we can be more relieved and feel no worries. The realistic fact, however, is that it is still not effective enough, and the purchased things are also not the cheapest and best !”, LU, Botao said at last, making emphasis that how to maintain high efficiencies during the course of administrations by law is obviously a test of the governmental work.

Comments: Probably it is good news to learn that LU, Botao as Guandong provincial higher court president is to be retired soon or as earlier as possible, for what he recently states aforesaid is obviously misleading to much extents. Should the court judges not have academic certificates of LL.B, LL.M and J.D., how can the judges be selected objectively in China today ? This is vitally important, especially when you come to know the realistic facts that there are few senior Chinese lawyers who want to become judges of any levels, and also when you have to admit that Mainland China is still a strong connection society today. Should the Chinese court presidents or governmental heads of various levels always select or hire the persons they believe “qualified”, how can the outstanding talents with excellent academic certificates without social connections become judges or governmental staff ? What LU said may be true to some extents, but it could be much worse than the current situations if his retiring free remarks become realistic. How could a person be capable of the court work without necesssary legal academic certificates of LL.B, LL.M or J.D. ? No one says the academic certificates may soly be replied upon. What LU emphasises, however, is truly not appropriate and could be misleading, for fresh law graduates are still the mainstreams for recruiting would-be / new Chinese judges in the short and middle terms, and it is quite understandable that the new law graduates with good academic certificates require a few years to be qualified for being judges, this is true of lawyers and other professons as well. According to LU, the Chinese courts shall probably recruit most of its judges in the futures from every walks of life, regardless of their legal adacemic certificates ? Probably LU has forgotten how he becomes a senior judge or court head.

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