China has set out to further restrict improper interactions between prosecutors or judges and lawyers to ensure judicial integrity.
On 2 Nov. 2021, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Justice jointly issued the “Opinions on Establishing a Sound Institutional Mechanism for to Prohibit Improper Contact and Interaction Among Judges, Prosecutors and Lawyers” (hereinafter “the Opinions”, 關于建立禁止法官、檢察官與律師不正當接觸交往制度機制的意見) and the “Opinions on Regulating the Post-Government Employment” (hereinafter “the Opinions on PGE”, 規范離任人員從業意見).
The Opinions details seven types of improper contact and interaction in a negative list, including having contact with lawyers outside of workplaces and work times, interfering or intervening in ongoing cases, introducing cases to lawyers, soliciting or accepting bribes, having improper interactions, engaging in for-profit activities through cooperation, etc.
The Opinions on PGE makes it clear that staff of people’s courts and people’s procuratorates who have been dismissed from public office shall not engage in any work in law firms; staff of people’s courts and people’s procuratorates at all levels who have left the office voluntarily shall not act as a lawyer to represent or defend in two years.
Our previous post, "What's Next After Exodus of Chinese Judges and Prosecutors?", has addressed the fact that some judges and prosecutors have left their positions to pursue careers as lawyers. The public is concerned that this may damage judicial justice.
These two Opinions were issued in response to tackling this problem.
Cover Photo by Jeremy Cai on Unsplash
Contributors: CJO Staff Contributors Team
