Journey to the Courthouse

Having been at the firm for the better part of two months now, it has been difficult to get the opportunity to visit an actual courthouse and sit in on a session, namely because of my lack of Chinese identification.  It is really a bureaucratic issue, tied up in politics and not wanting a "foreigner" to see the true inner workings of Law in China, but today, I finally was able to go visit one as a result of the corrupt system and networking.  Apparently, the judge who was to oversee the case was a close friend of the coworker taking me there.

As we sat in the car riding over to Jiang Ning, my two coworkers were kind of enough to go over the prospect of the case.  It wasn't complicated per se, but essentially, due to one tiny typo he made, the case was delayed for an entire year.  It proves to show that it's all about money, because the specifics weren't even important, but due to the delay, this would cost their side more money.


However, I think I have been facing a streak of bad luck lately, because much like the other meeting was canceled, this one, the defense failed to show up and had merely settled.  I did not get to observe a court proceeding in the end, and watched them sign papers instead.  However, at the very minimum, I was grateful to actually see firsthand what a courthouse in China looked like.  As my coworkers had explained, Law in China is very relaxed, both in execution and dress code.  My coworker wore sneakers and jeans to the courthouse today, and the funny thing was that he wasn't the only one.  I think I've come to realize the two crucial differences between Law in China and Law in the US. 

In China, Law is for functionality.  The standard case takes only 3-4 months to handle, and a majority of people in the nation are encouraged to avoid the courts because that would be a) inefficient, and b) there is simply too great a population for the court systems to handle all the civil disputes between people.

In the US though, Law is based on principle, a value of justice.  Everyone is entitled to an attorney, a right to sue, a right to take something up with the courts and even appeal when you are displeased with the ruling.  I think this shows the stark difference between the two.  As a result, sometimes it feels like China doesn't take the Law seriously enough, but that is in fact only because we treat it as a value, upholding justice.  For them, it is simply a system to get things done; there is no moral issue involved.

A funny thing I found while I was visiting the court house was that my coworker pointed to a van.  He said that this was a law firm that's been there for years, and consists of 2 people.  As I had a face of "No way!" there it was, a van with a sign saying "打官司."  I so wish I had a camera on me at the moment, but this is a perfect example of what Law is in China.  As long as they get the job done, it's fine.  Proper procedure and principle are thrown out the window.  China's legal system is indeed interesting.

On a completely separate note, I heard the funniest commentary today on the radio on the way back from the courthouse.  Some DJ was commenting on the Expo, and how it was such a wonderful opportunity for people in China to sample different authentic foods from all over the world.  He explained that all the foods were imported from their countries.  And here was the funny part, he was asking that they lower the price.  I think somewhere between his naivette and not thinking about how people run businesses for profit, the Chinese government had given a list of suggested prices that the average citizen in China could afford.  I simply thought it was naive.  Even if they do not profit, they do need to break even.  The radio DJ had said, please don't make it so "高高在上" so that the 普通老百姓 can also try these foods.  I don't think he realized it wasn't that they wanted to exclusively target a certain high-class community.  These foods are simply that expensive if you want it good.  Cheese is not cheap, and to import it all the way from their home country to China is not an easy feat either (consider tariffs and such).  We're typically charged 4xs the normal price of things for imported goods, how much more so would this happen in a restaurant at the Expo?  I think China is displeased that things aren't going their way because it's not nearly as controlled of an environment as something as short as the Olympics.  Oh well, it's a mutual learning experience.