AmCham-China

By John Smagula

Taking the reins of a country that had seen internal turmoil leading to the closing of most of its law schools, Deng Xiaoping made the growth and expansion of the rule of law in China a national priority in 1978. In many regards, that emphasis has lasted until today. Most observers cite Deng Xiaoping’s reforms, more than 30 years ago as the beginning of the development of the rule of law in modern China.

Many groups around the world offered to help China work through the process of developing its legal system, with AmCham-China member Temple University Beasley School of Law being one of the first. As Deng Xiaoping was working toward implementing the
changes that would help develop an effective system of law and lawyers, Temple University celebrated those efforts by awarding Deng with an honorary doctorate of law degree on his inaugural visit to the US in 1979. This proved to be the beginning of a strong relationship.
 

In 1998, President Jiang Zemin met with a high-level Temple delegation to visit Zhongnanhai, where he personally endorsed the university’s efforts to create a rule of law program. The program started shortly thereafter, and to date, over 900 participants have either completed or are currently enrolled in one of the university's various legal education programs in China.

Dialogue on the Rule of Law

Academic collaborations, such as Temple’s Master of Laws degree program in US and international law, have spawned a vast alumni network of legal professionals from all over China. Lawyers coming out of these types of programs have supplemented their Chinese legal education with a firm grounding in American legal practice and reasoning. While 60 percent of the alumni and students are from the public sector, including judges, prosecutors, the National People’s Congress and State Council legislative drafters, and State Intellectual Property Office patent examiners, a growing number derive from the private sector. These programs, which share the ultimate aim of educating Chinese legal professionals in American legal techniques and principles, have continued to flourish as Chinese interest in the American legal system and reasoning has increased. Although that increased interest certainly has cultural and political components, perhaps its strongest impetus has been economic.
 

Given the growing interdependence of the American and Chinese economies, as well as the tremendous potential for expansion in the area of Sino- American business relations, mutual legal understanding and communication are now essential. The ability to understand the value judgments underlying American legal rules and effectively communicate complex ideas through legal documents has become a crucial part of the background of any Chinese lawyer who wishes to be involved in the expanding field of Sino-American economic relations. US-China cooperative legal education programs give Chinese legal professionals a window into the inner workings of American business culture.
 

In the Public Interest
Beyond economic motivations, many actors in China wish to follow government mandates, such as the 1996 Lawyers Law, which requires all legal professionals to perform legal aid for those still struggling in some of the country’s less developed areas. A number of schools, including Temple, have been involved in the expansion of experiential education by collaborating with the Chinese Committee on Clinical Legal Education to provide education and resources. Such programs place law students on the front lines of the profession, aiding in the representation of impoverished clients involved in various legal conflicts.
 

For example, the Ash Institute at Harvard’s Kennedy School of Government runs the China Public Policy Program, which allows Chinese government officials to study as Mason Fellows in the one-year Master’s in Public Administration program, studying governance and strategic planning, among other topics.
 

The Ford Foundation, Public Interest Law Initiative (PILI), and International Bridges to Justice have also been carrying out rule of law work in China. The Ford Foundation made a number of grants in 2008, including funding for the China Legal Aid Foundation to provide legal assistance for migrant workers and other vulnerable groups. PILI works to connect law firms with pro bono projects through their Chinese clearinghouses. The PILI recently connected the international law firm Orrick, Herrington & Sutcliffe with local law firm Jun He to develop training programs to address the labor law needs of local non-governmental organizations. In 2008, International Bridges to Justice helped to create criminal defense clinics in 16 Chinese law schools to promote the organizational goal of enhancing the implementation of local laws designed to protect the rights of the accused.
 

The Role of American Businesses
Successful rule-of-law programs have emphasized full collaboration among US and Chinese partners, and each program has tried to impart to the Chinese students legal rules, practices and principles that will be useful in the process of increasing the rule of law in the proper Chinese context. Students who complete these programs report increased analytical abilities, a greater ability to apply US legal principles to situations where Chinese law is nonexistent or underdeveloped, and a stronger sense of professionalism in carrying out their jobs.
 

Temple works actively with Chinese partners as well as AmCham-China member companies, including ExxonMobil, Alcoa and DuPont, to carry out these kinds of programs. Corporations with an interest in Chinese legal affairs are encouraged to sponsor programs and also address the participants on legal issues of importance to the company and to development of law in general.
 

Rule of law programs are an important contribution to the development of the Chinese legal system. Taken step by step in collaboration with government, university and business partners in the US and China, rule-of-law initiatives are seen by all involved as productive, respectful and innovative.
 

John Smagula is the director of Asian Programs at Temple University Beasley School of Law. On October 30, AmCham-China and Temple will host a reception to allow members to meet and discuss legal issues with Temple alumni from various government ministries.