More cases, fewer judges
In May, China's courts adopted a new system of accepting appeals. Before the reforms, appeals were assessed by a panel which then either accepted or rejected the case, but now litigants can register their suits without prior review. The result has been an explosion in the number of cases, further increasing the pressures on judges.
Jiang Ying, a chief judge at the Beijing IP court, said the large number of new cases means her working day has been extended, and she often works in her chambers until after midnight. The workload has left her exhausted and concerned about the accuracy of her judgments. "Working overtime adds an element of potluck for me," she said. "Before the reforms, I heard 60 cases a year, but this year I've already ruled on more than 50 disputes. It's an honor to hear cases in the court because it was set up in November to make IP trials more professional, but the number of disputes is beyond expectation. That's making life a struggle for the limited number of judges employed by the court," she said.
The reforms established a quota for top judges to ensure they receive assistance that frees them from administrative and research work, and helps them to produce impartial, well-considered judgments. Some critics have complained that the quota has drastically reduced the number of judges on the bench, while case numbers soar. The IP court in Beijing has 25 judges, but by Aug 20, it had accepted 6,595 cases.
Zhang Xiaojin, a chief judge at the court, said the seemingly endless number of cases has increased the judges' workloads, resulting in delays and leaving litigants in legal limbo as they await verdicts. "I'm 45. It's hard for me to stay up to work late," she said.
She has been heartened by the creation of a new post－legal assistant－which will see junior lawyers, many of them prospective judges, shouldering some of the burden. They will prepare case notes, conduct research, offer legal advice and draft, but not decide on, verdicts. Some serving judges will also be reassigned to work as assistants.
"Assistants will improve the efficiency of court hearings because they will handle administrative and related matters, and that will take the pressure off the judges to some extent," Zhang Wei said.
"In the long run, the assistants' work will be invaluable to the court, and it's good for young judicial officials to gain experience before they are given the right to hear cases themselves. The move will help the judges to conclude disputes more quickly," she said.
"The burdens imposed by the rapid rise in the number of cases will be temporary," she added. "I'd like to see the new mode of working result in more-efficient resolution of cases."
High expectations, low pay
Last year, Zhang Wei resigned his post as a judge in Beijing. He was unhappy with new rules that require judges to accept lifelong responsibility for the verdicts they hand down. The changes－intended to ensure that judges consider cases from every legal angle to avoid miscarriages of justice－have left many of his former colleagues uneasy.
"I have some sympathy with the requirement, but it is far too harsh," he said. "After all, we are only human. Sometimes mistakes occur."
Some judges have expressed concerns about facing retrospective legal action if a verdict is shown to be incorrect, even many years after the decision was made and when the laws and public attitudes may have changed, according to the former judge.
"If we're retired and such a situation arises, will we still be expected to shoulder the blame?" he asked, pointing out that judges' salaries are not commensurate with the pressures they are expected to shoulder.
"I earned less than 5,000 yuan ($787) a month as a judge. In Beijing, that made it really hard to feed my two sons. Making a living must come first," he said.
He welcomed the news that the central leadership passed proposals in September to raise the salaries of judicial officers, saying the development would encourage people still working in the system.
In September, the Supreme People's Court issued a guideline clarifying judicial officers' responsibilities, and stipulating that judges will be offered protection if they are threatened, slandered or libeled. The guideline also pledged that judges will face heavy punishments if they are found to have accepted bribes, acted corruptly or handed down intentionally incorrect verdicts.
"Better protection and a more-transparent approach will set the minds of judicial officials at rest. I hope the new guidelines will be implemented as soon as possible," Zhang Wei said.
