The China War on Laws
2012-05-30 0:00

By WC |

Rather then embracing the rule of law and the predictability that comes with it, China has reversed a decades old trend in legal reform.

In the 1980′s and 1990′s there was an emphasis on law and courts and their continued improvement (12).

The Chinese knew that in order to be welcomed into the international arena, they would need laws. Gone were the days of Maoist rule isolation.

Since joining the WTO, however, China has declared war on the precepts of the ‘rule of law’. While the Chinese judiciary has forever served as a tool of the communist party, the party’s role in its affairs had diminished before the turn of the 21st century.

It was in 2001 that Chinese judges finally exchanged military uniforms for black robes (13), even if they were not yet experts at handling matters of the court. (Minzner relates a funny anecdote that in 2002, when gavels were introduced to Chinese courts, a sign accompanied them. The sign read “[t]he gavel should not be used to hit the plaintiffs or defendants (14).”

The Chinese Judiciary Farce

At that time, the Chinese judiciary may not have been professional, but they were attempting to focus on legal matters as much as possible and divorce themselves from party platitudes.


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