How Can China Achieve the Rule of Law?

The Rule of Law Forum, of which our attorney, David C. Buxbaum is the Chairman, hold a luncheon meeting in Hong Kong on 7th July 2006 on the topic: How can China Achieve the Rule of Law?

The Chinese Government has often and vociferously asserted its policy of establishing the Rule of Law in China. In that regard it has undertaken numerous acts to strengthen the Rule of Law in China, yet it is far from achieving its stated goal. The basic problem of establishing the Rule of Law in China is not the lack of good and comprehensive laws, nor is it the lack of qualified attorneys. The problem is with the institutions that administer the law, such as the courts, arbitration tribunals and administrative organizations. This meeting is designed to address the question of how the Chinese Government can achieve its avowed aim. We discussed training of judicial personnel, their compensation, independence, problems of corruption and interference with the workings of the judicial organizations, and more.

One of the presenters, Ms. Anna Wu was formerly the chairperson of Equal Opportunities Commission and a member of the Legislative Council. Mr. Kenneth Choy has been following Taiwan's political development since the 1980s. Mr. Buxbaum made a major proposal for advancing the rule of law in China. This practical proposal includes details about: increasing judges' salaries, insulating the panel of judges from outside contacts within and without the court, raising the legal background of sitting judges by incentives, raising compensation for arbitrators in international arbitration cases, establishing a system for enforceable ad hoc arbitration, improving the professionalism and compensation for administrative law tribunals, developing laws and regulations for the establishment of administrative law courts, etc.

How Can China Achieve the Rule of Law?

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