Judges and lawyers, who's better?

This question is generally liked to ask. If you look at the entry barrier to the courts, overall the quality of people entering the courts is not as high as lawyers. Although there are a lot of lawyers who have no other way out before becoming lawyers, most of them are talented but have no chance to become judges. In China, to be a lawyer, the threshold is just whether you are willing or not. And as a judge is to look at the opportunity, this opportunity is more institutional and interpersonal factors, although there are real talent into the court, but these people are generally very difficult to enter the important jobs. In the court the more talented the more will be arranged to the research office, political office, office and other positions, the reason is very simple, because these positions directly for the court or leadership services, the quality of poor people do not do well, that only let talented people to do, and in the court of law, these positions are also only a little talented people deterred by other departments of the people, which is really a high level of people either not in the business position, or by the local organization department, Political and Legal Committee and other organs to draw away. From this, can be found and lawyers in the business post against the court is not the highest level of judges. However, one of the major drawbacks of lawyers is the lack of systematization in the country, which has led to business training and learning becoming a mere formality. Judges have judge college, although the judge college teaching level is not good, but similar business training and learning on the whole or improve the judge's business level, and the judge through the business exchange and study trips and other forms of business level with each other. Thus, it seems that learning and exchange opportunities organized by the State and the courts at their own expense are very common in the profession of judges. Moreover, there is a special feature of the judges' profession, that is, if the judges have any new insights and experiences, not only do they like to promote them, but also the courts will take the initiative to promote and introduce them, because this is a political achievement, and only when more people know about it will they have a sense of satisfaction. Then look at the lawyer's training, can't help but say that the form, the key is not high level of business, please is a scholar expert, talking about and lawyer skills are not much to do with the content. Secondly, lawyers are also very easy to form a business blockade and barriers, all think they know is the baby, every day afraid of others know their own know-how. Lawyers do not communicate and interact with each other is the characteristics of this profession decided, because only the more vulnerable and ignorant opponents, the more competitive advantage they have. Speaking of individual lawyers and judges, then say the whole professional group. Courts at all levels have a research office, prefectural and municipal courts have judges college, and the supreme people's court sponsored by the people's court newspaper, as well as the network forum "rule of law forum", as well as the publishing house, although these appear to be a forest of institutions, many local institutions in the local view of the institution is redundant, but after all, these institutions are engaged in a large number of business exchanges and learning, as well as the exchange of experience and exchange of work, and indirectly improve the business level of judges at all levels. Judges of the business level. Especially the supreme people's court's research office and each business division has done a lot of work, a lot of which is to standardize the business standard, issued a lot of judicial interpretation, these work has improved the people's court work quality. But the lawyers do not have the court such resources, so far, the China Bar Association, although a large number of professional committees, but these committees have not introduced or issued any lawyers business operation guidelines. Lawyers association is busy collecting lawyers' membership fees, at present also hasn't freed up time to study the internal development of the lawyers industry, as for learning foreign advanced experience and internal exchanges, all because of the funding channel reason, hasn't listed the internal development of the lawyers industry matters and do nothing. If the Chinese lawyers association at all levels of staff quality and all levels of people's court comparison, that is naturally a world of difference. Since then, we see individual lawyers and individual judges in the start before the difference, but behind the resources and rely on the difference is a thousand times the difference between the front. Then look at the business ability, the court internal management is not standardized, the judge is often in the various court rotation, short-term impact on the business level play, but in the long run to cultivate a variety of qualities of a judge, the growth of a more comprehensive. So many court president helplessly said: "our court has now become a lawyer's free training base" what he said is to train their own excellent talent often resigned to do lawyers, let the court regret their own efforts and training on the wasted. And lawyers, the number of business depends on their ability to open up, no case to do, what the ability to exercise not come out. Lawyers spend a lot of time looking for cases, rather than doing cases, and experience the number of cases and the situation is not as complex as the judge met. So we often find that the court resigned out of the lawyer business level is very professional, but the income is not as high as that level of lawyers, the reason lies in the ability to find cases on the gap. But another point of view, the lawyer's business is the existence of customer supervision, to success or failure, high pressure, natural single case to eat through. Of course, does not rule out some fake lawyers to cheat the client as well as some black lawyers are not responsible for, but these lawyers are very afraid of customer reporting. On the contrary, the judge, business orientation is internal control, as long as the president and all levels of the people's congress can be satisfied, no business above the special pressure, which also led to the judge and lawyers, the same two kinds of differentiation: a kind of ass-kissing case, as long as the upper and lower courts do not withdraw everything will be fine, and even the main is to please the leadership and the relevant authorities; A kind of collapse of the case, do not fear of the strongest power, according to the case. Of course most of the judges are just wandering between the two kinds of people, but the level of the judges that speak of learning naturally improve very quickly. In this way in the macro perspective, we find that the lawyer's innate advantage may be with the acquired overall sense of disadvantage and gradually lose the business level of advantage. But the excellent lawyers to survive, and behind the judge will always stay in the judge, so a few years later can stay in the lawyer's profession and are the elite of the lawyer's profession. Lawyers and judges in the survival of the fittest mechanism again led to lawyers and judges level of duel again. The result of the duel is that individual lawyers still outperform individual judges. But the people's views on this issue, perhaps more valuable. The judge's social image is worse, the key is judicial corruption, while the lawyer's overall image of society is not so good, but the perception of lawyers is better. The people are only disgusted with the individual black lawyers, but for the lawyer's profession still has a deep sense of goodwill and trust, because after all, it is the people who speak for themselves and do things. I personally believe that good lawyers in the charisma and free culture qualities beyond the good judges, these also lead to the legend of lawyers more than judges. Coupled with the myths of wealth and development of the lawyer's profession than the judge's career more and more wonderful, the worship of lawyers look more than respect for the judge. Lawyers, after all, close to society, society and the needs of the client has more flexible adaptability, in culture and the people and society closer to more humane, all these non-business personality and cultural coloring let the good judge can not be expected. These also let the supreme people's court some learned judges internal imbalance, those barristers in addition to money, which is better than me? Of course, the discussion of this issue is not to argue over a high or low. The reality is that the judge's level affects the evaluation of lawyers, and the lawyer's view also reflects the expectations of the times of judges. Judges and lawyers, who is high and who is low, must be argued, and also loud and clear, only then, the people can see the hope. But not to discredit each other, those through the derogation of each other's fight will only make both sides are embarrassing. Of course, due to the different nature of judges and the legal profession, there are many areas in which the results cannot be compared. Examined objectively, while it is a battle that has no end in sight, they are fighting each other to win or lose any small battle. I hope that the law profession surpasses its limitations in more areas so as to win more victories. Lawyers, everyone grow happy together!