China is awakening...

A seminar organized by the French notaries

Thanks to French notaries and especially the chairman of the High Notary Council Mr Laurent Dejoie and the chairman of the Sino-French Centre for Notarial and Legal Training and Exchange, Mr J P Decorps, chairman Jacques Isnard was invited on a study journey to China.
On the agenda was participation in a training seminar with Chinese notaries at Tai Yuan in Shanxi province.
Mr Isnard was asked to make a presentation on the status of the independent judicial officer. Curiously, the subject did not give rise to strange questions as usually happens when the topic is discussed for the first time.
On other occasions the discussions surrounding the independent exercise of the profession of judicial officer would have provoked some treacherous questions or even doubtful facial expressions. Not here. It is true that the profession of judicial officer in China, in the way that it exists in France, does not seem totally unknown. Indeed, French notaries have a solid base in Shanghai and seminars covering the French legal system have doubtless contributed to awareness of our profession.

Enforcement of court decisions in China

In China, there is actually no such thing as a judicial officer, because the judge who has rendered a decision is responsible for enforcement. But this system does not look like lasting forever because the Chinese government is taking a close interest in implementing a position of judicial officer modelled on the French system. High-level exchanges have already taken place between China and France to promote the independent profession.
To that end, the Chinese Minister of Justice met in Paris with the French chairman of the National Chamber Mr Yves Martin.
Unfortunately this meeting was not used to propose an exchange programme, so that the control of these initiatives remains with the public authorities.
It is undeniable that China, as it opens up to a market economy (just look at Shanghai) must face a number of essential issues. In the legal area, enforcement of judgements, a corollary to the idea of legal security, is acutely important. The state has the right to try to reinforce its efficient enforcement. In fact, according to Mr Fusen Zhang, Chinese Minister of Justice, the state does not intend to reform its procedures but just wants to give a new face to the enforcement agent, who might well become a judicial officer someday.