Much has been written on why Chinese judges are resigning (but notenough about Chinese prosecutors--to be the subject of a later blogpost), butthis blogpost (written on the road) adds some more detail and analysis.Comments (and criticism) are welcomed.
In May (2016), Chen Haiguang, the head of the judicialmanagement department of the Supreme People's Court (SPC) revealed that over1000 judges had left, which he described as about 1% of the judiciary. Thenumber appears to be an underestimate. The legal Wechatosphere oftenmentions that a Wechat chat group of former Beijing-based (including theSPC) judges has reached its maximum of 500 members.
More data and analysis comes from two sources: a survey conducted in thefall of 2015 and published by Wusong (a big thank you to another "authoritativeperson" for bringing this to my attention) and a recent article by one of the more popular Wechat publicaccounts, Empire Lawyers ( 法客帝国).
Respondees to survey
Six hundred former judges responded to the survey, conducted throughsocial media, of which 72% had left within the past year, while almost 19% hadleft within the past 2-3 years.
Who is leaving
Judges resigning, by sex (82.2% men, 19.67% women
It is mostly men leaving the judiciary, out of proportion with theratio of men:women in the judiciary (2:1). (This confirms what I have beensaying when I have spoken on this issue). The survey gives the rationale thatmen are more interested in a challenging career than women, and are able todeal with a more pressured life.
Judges are resigning in their 30's, for the most part (see below), andmy own analysis is that the reason women are staying in the judiciary is that(married) women at that age also have responsibilities to children and elderlyparents. Women are prepared to deal with the stresses of working in thejudiciary because the work is more "stable," and does not involvemarketing work after business hours.
Age and education
Over half (55%) of the judges resigning are in their 30's. Most (70%)have been in the judiciary for at least 6 years, with practically all (91%)with at least 4 years of experience, over 99% with an undergraduate degree and37% with a master's degree.
Type of court and area of work
Most judges who have resigned recently are from the basic level(78%) and intermediate level courts (18%).
Many (almost 80%) of the judges who had resigned were in thecivil/commercial divisions, with division chiefs and deputy division chiefsaccounting for 14% and 19% respectively.
Reasons for leaving:
benefits insufficient (66% selected this as primary reason);
too much pressure and too much work (60%);
not enough opportunity for promotion (34%);
professional risk and lack of professional respect (31%).
Those that have resigned are generally pessimistic about judicial reform(47%) or can't say for certain whether it will be successful (32%). Their"judges' dream" is to be able to try cases independently, withoutreporting their case up to the leadership, worrying about parties to the casepetitioning because they are unhappy with the outcome, etc.
Another analyst (the editor of the Wechat account Empire Lawyers) gavethree reasons for the wave of judges submitting their resignations.
Wechat;
Judicial reform;
Other factors (especially money).
Why Wechat? Because it has given them a new universe of socialconnections outside the judiciary. It also gives them easy access toinformation about the life of former judges similar to themselves.
Moreover,through Wechat they can create a circle of friends and connections who canprovide moral support when they have made the decision to resign.
According tothe editor, Wechat is often a vehicle for judges preparing to resign. Somejudges establish their own Wechat public accounts while still in the judiciary,publishing articles that bring much more attention from legal professionals totheir expertise than their judgments ever do.
The increased stresses of judicial reform are another set offactors--the lifetime responsibility system, case registration system,and particularly, the bright line quota on the number of judges (no more than39%) means that promotions will come more slowly than previously and otherswill not even be eligible to participate in the examinations for qualifying asa judge.
Other factors? The editor cited money, particularly judges inmajor cities with high costs of living. The fact remains thatmiddle-class life in China's major cities, particularly for couples with achild, is expensive and judicial salaries, tied to civil service rank, areinadequate. As the editor mentioned, some judges supplement their wageswith (legal) inome from writing or lecturing. (It seems likely in the currentatmosphere, fewer judges are willing to risk soliciting illegal income.)
There is also the rigidity of the Party/state cadre management system.While law firm partner classmates are posting photos of themselves at Yosemiteor in the Grand Tetons on Wechat, judges must obtain permission to leave thecountry.
Finally, this couplet is popular on legal oriented Wechat:
