No doubt one of the topics to be discussed at China's parliamentary meetings will be judicial reform. China's judiciary and legal system has been making headlines recently. Not only has Xi Jinping made several comments about needed reforms in the system of justice, but also a recent Chinese Academy of Social Sciences report concluded that judicial organs need to improve their transparency in order to boost public trust. In commenting upon these initiatives, I want to go back 107 years ago to 1906 when noted jurist and Harvard Law School Dean, Roscoe Pound, delivered what has now become a classic essay, "The Causes of Popular Dissatisfaction with the Administration of Justice," at the annual convention of the American Bar Association.

Pound stressed that the first step in dealing with the problem of dissatisfaction with the administration of justice is to diagnose the causes of dissatisfaction. Pound was perceptive in his observation that "dissatisfaction with the administration of justice is as old as law." He distinguished those causes of dissatisfaction which all judicial systems faced since law began and which reflect the very nature of law.

Legal systems by their very nature have to deal with general rules and there is always a tension between the general and the specific that leaves people unsatisfied. The law is also about restraint of human behavior and people do not like being restrained. Law always lags behind society. In a time of rapid change, and when there exists among members in society multiple and contested values, there will be substantial dissatisfaction with a judicial system which of necessity reflects the values and norms of the past.

Pound also contends that the general populous in every society tend to have the mistaken impression that administering justice is easy.

So, while there always has been and will be some dissatisfaction with the administration of justice and dealing with dissatisfaction is difficult, there are some causes which can be dealt with and solutions found that will reduce substantially the overall dissatisfaction with judicial administration. In my view, Xi Jinping correctly identifies five important and significant areas which could substantially improve China's system of justice.

The first is for courts and the legal system to adopt a more "scientific approach." Law was one of the first disciplines in the earliest universities. It was a "science" when what we think of today as sciences were either non-existent or closer to witchcraft and superstition. Law and those who work in the system of judicial administration should be more scientific in their approach, spend more time on definitions and adopt a more rigorous methodology in approaching the tasks of judicial administration, law making and law enforcement. Judges and others involved in the system of judicial administration need more training and education so that they can understand new technologies and developments and appropriately apply existing laws to new social realities. Given the knowledge explosion in our society, I predict we will see more specialized courts where judges have qualifications in law plus the underlying discipline involved in the particular area. An example is requiring judges on competition law matters to have a degree in economics.

Xi has also called on lawmakers to improve the process for making, amending and adapting laws. Increasingly, countries are seeing law in terms of competitive advantage and vital infrastructure. A well designed legal framework is vital if a country is to develop rapidly and successfully. Lawyers, judges and others must increasingly approach law from a "design" and "systems" framework to enable law to be more responsive and adaptable to the needs of society.

Thirdly, Xi Jinping, the Chinese Academy of Social Sciences and others have also called for greater transparency. Justice must not only be done, but seen to be done, if citizens are to be as satisfied as they can be with the system for the administration of justice. People need to have access to the laws, access to the dispute resolution mechanisms in society. They need to be able to understand the law and have confidence that it is being applied fairly and equally to all citizens. With over 500 million Internet users and rapidly growing social media networks, transparency will play an ever increasing role in both achieving and monitoring the transparency of justice.

Xi has also talked often about the need to combat corruption; for the laws to be more effectively enforced; and for all to operate under the rule of law. Corruption undermines trust in the legal system and causes people to tend to see justice as a "game" in which elite fix the rules to operate in their favor as opposed to rules applying equally to all regardless of their station in life. The independence of the judiciary is an important component in judges developing both the capacity and legal culture to apply the law equally to all citizens.

Finally, people will be satisfied with the system of judicial administration if access to the system is available to all and there is a culture of service on the part of judges, administrators and all involved in public service. To that end, I applaud the steps taken to ensure that the focus of the NPC and CPPCC is on frugality – maximizing valuable resources in order to achieve the best possible outcomes for society.

If these goals can be achieved, China can rightfully hope, as did Dean Pound over a century ago, that, "we may look forward to a near future when our courts will be swift and certain agents of justice, whose decisions will be acquiesced in and respected by all." In that way, the system of judicial administration will play an important role in helping to achieve the Chinese Dream.

The author is a columnist with China.org.cn.

For more information please visit: http://china.org.cn/opinion/eugeneclark.htm

Opinion articles reflect the views of their authors, not necessarily those of China.org.cn.

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