Observations on the Law

As I have certainly iterated before, being a lawyer in China does not seem like legal counsel at all. Instead, it is often marriage counseling, or consoling the client for his or her losses. Yesterday, a coworker asked me what it was like to be a lawyer in the US. Did we have to deal with the same kind of “crap,” as it were, everyday? I certainly did not have an answer for him, but after the consultation that I was certain the entire firm heard yesterday, I am almost positive our system is entirely different.

A lady came in yesterday, I have no idea how old she was, but it was indeed a case of lamentation. I have a lot of trouble understanding incoherent Nanjing dialect babble, especially when someone is 激动, but this was definitely an experience. As soon as she sat on the couch in the receptionist area and was met up with the lawyer who usually sits next to me, she started yelling at him. I am positive it had nothing to do with him, but it was her way of explaining. As she yelled so loud like she was getting into a fight, her voice permeated the entire firm. The lawyer, on the other hand, remained calm and collected, simply staying quiet as she yelled her explanation at him. It is somewhat stunning for myself, because I do not see the effectiveness of yelling at your representative lawyer. I guess my impression of law is more laid out or systematic, where people come to lawyers to resolve their problems, that is after they have already calmed themselves and have a semi-level head to fix the problem. I think that’s why in the US, as far as I know, for divorces, they give you one year’s time before you can complete the divorce, giving you adequate time to think things out. Anyhow, as I tried to understand what this lady was lamenting about, all of a sudden, it went from yelling at the top of her lungs to wailing as she began to cry. From the sound of her voice, she was fairly older, and there was just so much pain at the injustice of what I could only assume was either her marriage or the situation she was in (likely a landlord, as that is all I have seen dealt here most frequently).

Indeed, it would seem like family law is a huge practice in China, and all these people are just so desperate for some kind of resolution to a marriage they personally are not willing to fix themselves. It is honestly rather sad to see this situation, but I believe it is in part due to the One-Child Policy. Since every child is spoiled to the point of being treated as little emperors and empresses, they are used to getting things their way, and do not let up no matter what. So when two spoiled individuals used to having their way are put together in a marriage, chaos can only ensue if one does not let up.

I think as a society, their family structures have been truly messed up. Not only will kids within the next few years not have any cousin of any sort (as is happening already to some), but because there is a trend to get married in China by a certain age, a lot of these marriages are not only premature but unstable. I find a lot of couples these days dating simply for the sake of saying that they are in a relationship. As it disturbs me that these couples are so publicly affectionate even in such a supposedly “conservative” society, I wonder at what the future will bring. These couples get married fairly fast, all marrying before the age of 30, and all have kids almost immediately after marriage. They do not have time to simply get to know each other nor do they understand the dynamics of being a couple, and delve into child-rearing, which only escalates problems. As a result, divorce rates are on a rise, and lawyers I suppose in this area are continuing to be in great need. It is tragic though that the mainland Chinese culture has fallen to such a point. In the past, divorce was seen as taboo, because family is central to the Chinese culture. But now, it is the selfish needs of the individual, be it personal liberties, sexual gratification, or professional aspirations that guide the society. I fear for the future. Hopefully the Chinese government has observed this and will find a means to curtail the issue. I was talking to Lauren, and she told me that in a recent poll, 70% of mainland Chinese do not like the One Child Policy. Whereas in other countries, the government will pay you to give birth and raise a child (as birthrates are slumping in other countries), China yearns to have such liberties. I just hope China can find a balance so that families are satisfied with themselves, and yet maintain just enough balance so that the government can sustain such a large population.