Lawyer to judge: how many mountains apart?
[6] There has never been a job that pays well, requires little work, and is close to home, but there is one job that pays little, demands much, and is full of frustration—that is being a Chinese judge.
Are lawyers willing to become judges? Abroad, the answer is "I do!" In China, to save face for judges, no lawyer would directly answer this question with words, but actions speak louder than words. The Supreme People's Court once attempted to recruit judges from among lawyers and scholars, but no one showed interest. After President Zhou Qiang took office, to avoid further embarrassment, the Supreme Court offered mid-level deputy positions and managed to attract only two lawyers. The Shanghai court faced an even more awkward situation. On October 27, at a symposium for Shanghai youth studying the spirit of the Fourth Plenary Session of the 18th Central Committee, Zou Bihua, Vice President of the Shanghai Higher People's Court, admitted, "We aimed to select judges from experienced and outstanding lawyers. This year, we opened two senior judge positions for recruitment, but regrettably, no lawyers signed up."
The Supreme Court, which has the greatest political space, and the Shanghai courts, which have the best economic conditions, are still like this. There is no need to mention other local courts. Why is this?
Is it solely because of income? The salary and benefits for lawyers and judges indeed differ significantly. In Shanghai, where judges have relatively higher incomes, the latest data from the Bar Association shows that in 2013, there were 16,692 lawyers in Shanghai, with an average per capita revenue of 563,000 yuan, ranking first nationwide. Lawyers typically receive a commission of 60% to 70% of their revenue, and those with about 3 to 5 years of experience can earn around 300,000 yuan from commissions alone. In comparison, a young judge in Shanghai with 3 to 5 years of experience earns an annual income of about 150,000 yuan. The longer they work, the more the income gap widens exponentially. Moreover, the income of judges in most parts of the country is far lower than that in Shanghai.
However, anyone with a basic understanding of economics knows that if two jobs have different incomes, with the lower-paying one being leisurely and the higher-paying one being busy, their cost-effectiveness is actually not much different. In China, this is not the case. Young judges are far busier than young lawyers. Lawyers only need to satisfy their clients, which is not easy, but compared to judges, it is much easier and simpler. Judges must not only adjudicate according to the law but also consider factors such as maintaining stability, handling petitions, and balancing personal appeals. The complexity of their thinking and the pressure they face are far beyond what lawyers experience.
The most painful thing is not the low pay and heavy workload, but the frustration. This frustration comes from both outside and inside the court. First, there is the torment of petitioning. The warranty period for a refrigerator is at most ten years, but the "warranty period" for a case is lifelong. No matter how wise and correct the judgment is, as long as the litigant files a petition, the judge must respectfully go to retrieve them back to the local area. Whether the litigant has mental issues or is simply being unreasonable, the judge must carefully attend to them; otherwise, the court will be reported, and the judge will be criticized and held accountable. Being scolded to the face, insulted online, cursed over the phone, attacked in anonymous posters, or receiving various complaint letters is still a minor issue. In cases like the Tang Hui case and the Peng Yu case, because the litigants "made a scene," many judges were unfairly transferred or suspended to appease the situation. This kind of frustration is rare in other professions but is a daily occurrence for judges. A bus driver who endures grievances can at least receive a "grievance bonus," but what about judges?
(Legal Observation)
