Advocates in China: History and modernity

Abstract

The article examines the historical development of advocacy in China and the role of lawyers in Chinese society, spanning from ancient times to the present day. Traditional Chinese society held a negative perception of legal processes and positive law. It was widely believed that individual interests should be subordinated to collective interests and seeking legal redress in court was seen as conflicting with the moral norms of “li”. Chinese officials typically sought to avoid resolving disputes through the judicial system, instead promoting mediation and pretrial dispute resolution. This negative perception of legal processes led to resistance against the activities of lawyers, with the profession being viewed disrespectfully by officials. Over time, a prevailing sentiment emerged among the public that advocates were more inclined to support the guilty party rather than defend the innocent. The advocate was widely seen as being biased, protecting criminals, and enabling them to avoid just punishment. Lawyers faced numerous obstacles in participating in legal proceedings and often encountered hindrances in providing advice to defendants, including instances of physical harm. After the establishment of the People’s Republic of China in 1949, the perception of advocates remained largely unchanged. The Chinese legal profession was effectively dismantled during the destructive political campaigns from 1958 to 1966 and began to reemerge only after the implementation of the “reform and openness” policy in 1978. Initially, lawyers were appointed as civil servants, but this status was later revoked. Despite long-standing skepticism towards advocates, the legal profession in modern China is gradually gaining popularity, although progress is slow and the overall number of advocates in China remains relatively small. They still hold a formal role in criminal proceedings, while the majority of cases seeking legal assistance from advocates are primarily related to civil proceedings. Even though the need for the existence of the advocacy is no longer denied, its significant role in modern China is still not fully recognized.