Laws of The People's Republic of China - Judiciary

Judiciary

See also: Court system of the People's Republic of China

The judge and prosecutor still are regarded as public servants. It is recognized that the quality of judges and prosecutors are lower than lawyers, but in the major cities, such as the provincial capital cities, the new recruited judges are with higher law degrees then ever before. In 2002, the unified State Judicial Exam (SJE) was introduced, partly to improve the quality of the judiciary. Any person who wants to work as a judge, prosecutor, or become a practicing lawyer or a public notary, will need to pass the SJE to obtain a Certificate of Legal Profession Qualification. Like in courts of imperial times, judges are also inquisitors who question witnesses, but unlike traditional courts, only evidence given in court is taken into account. Parties are permitted to engage agents ad litem who may be lawyers or any citizen approved by the court. A major concern with the modern court system is bribery of judges resulting from low salaries and financial dependence on local government. Though a great part of disputes that reach the courts still end in mediated rather than adjudicated outcomes, Chinese judges still apply formal laws and follow rules of civil procedure.

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