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? In foreign countries, the answer is "I do!" In China, for the sake of judges' dignity, no lawyer would answer this question directly in words, but voting with their feet is more persuasive than words. The Supreme People's Court once attempted to recruit judges from lawyers and scholars, but no one showed interest. After President Zhou Qiang took office, to avoid another cold reception, the Supreme People's Court offered mid-level deputy positions, which finally attracted two lawyers. The Shanghai courts were even more embarrassed. On October 27, at a symposium for young people from all walks of life in Shanghai to study the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, Zou Bihua, Vice President of the Shanghai High People's Court, admitted, "We are selecting judges from outstanding lawyers with certain experience. This year, we have offered two senior judge positions for recruitment, but unfortunately, no lawyers signed up."
Even the Supreme People's Court, which enjoys the greatest political space, and the Shanghai courts, which operate under the best economic conditions, behave in this way—let alone courts in other regions. Why is that?
Is it solely because of income? The compensation packages for lawyers and judges are indeed vastly different. In Shanghai, where judges' salaries are relatively high, the latest data released by the Lawyers Association shows that in 2013, there were 16,692 lawyers in Shanghai, with an average revenue of 563,000 yuan per person, ranking first in the country. Lawyers typically receive a commission of 60% to 70% of their revenue. A lawyer with 3 to 5 years of work experience can earn around 300,000 yuan just from commissions. In comparison, a young judge in Shanghai with 3 to 5 years since graduation earns an annual income of about 150,000 yuan. The longer the working period, the more exponential the income gap becomes. Moreover, judges' incomes in most parts of the country are far lower than those 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 part is not the low pay and heavy workload, but the frustration. It comes from both outside and inside the courts. First, the torment of petitioning. A refrigerator has a warranty of at most ten years, but a case has a lifetime warranty. No matter how wise and correct the judgment is, as long as a party petitions, the judge must respectfully go to bring them back to the local area. Whether the party has mental problems or is making unreasonable trouble, the judge must serve them carefully; otherwise, the court where the judge works will be criticized, and then the judge will be reprimanded and held accountable. Being cursed by a party to their face, online, over the phone, in small-character posters, or through various complaint letters is still a minor matter. In many cases such as the Tang Hui case and the Peng Yu case, because a party “made a scene,” many judges were innocently transferred or suspended in order to smooth things over. This kind of frustration is rarely seen in other professions, but for judges it is routine. Bus drivers who suffer grievances still get a grievance bonus. What about judges?
(Legal Observation)
