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Chinese Lawyers Ask for More Autonomy Amid Judicial Reform Initiatives

| Mar 26, 2015 07:29 AM EDT

Police in Yibin have captured four suspects for kidnapping a man and forcing him to kill a woman.

Five lawyers from Yunnan Province in southwest China have expressed disappointment over their local lawyer’s association and quit their membership after complaining that their local associations have failed to protect their rights and interests and even prevented them from defending their clients.

The Global Times reported that this incident occurred despite the enactment of several laws in China aimed at making judicial reforms and the development of the legal profession.

"The major problem is that lawyers associations are still manipulated by the authorities. They are yet to be non-governmental," Wang Liqian, one of the five lawyers and the director of the Lianyu Law Firm, told the Global Times.

Wang said that too much government involvement through the local association will influence lawyers that could lead to miscarriage of justice.

Lu Hongbing, a former vice president of the All China Lawyers Association, denied Wang's claim and said that some lawyers do not understand the government's aim in managing their organizations. He added that lawyers associations, like others, need the guidance and supervision of the government.

"Some complaints are understandable but openly quitting is not wise. Most provincial-level associations are separated from government justice organs. They hold democratic elections and their financial auditing is made public," Xu Jian, dean of the Renmin University of China's law college, told the Global Times.

Xu said that lawyers play an essential role in the country's political and legal systems, and relaxing the lawyer management system can enhance the rule of law in the country.

"As in other countries, it is mandatory that lawyers join such associations. If there is no organization to punish wrongdoings, the growth of the whole industry will be damaged," Lu stated.

In the report of the annual two legislative sessions of Supreme People's Court (SPC) and Supreme People's Procuratorate (SPP), Chief Justice Zhou Qiang and Procurator-General Cao Jianming have pledged to protect lawyers' rights and interests as well as improve their work environment.

"Measures should be introduced to ensure the right of lawyers to practice, to speed up the building of service platforms for them, to provide them with convenience and to help them play the full role of a lawyer," Zhou said in the report.

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