China: A Country of Laws or Influence?
In a test case that may make a small dent in the system that applies the law to the people and provinces of China, a judge was put in peril of losing her career over a decision that was later upheld by a higher court. The law in China seems to be a curious concoction of law and influence. The Supreme Court is really the Communist party. Local officials can overrule decisions made by judges by appealing to the higher authority of the CCP. Influence over the outcome of a case can be bought and sold. But change seems to be coming, if at a snail’s pace. And it is coming from the bottom up rather than from on high. People are demanding that right trump might. If China is to become a country of laws as it professes to be, then there will have to be some major changes to the system. This Article from the New York Times explains how the current system works.
http://www.nytimes.com/2005/11/28/international/asia/28judge.html?pagewanted=1&th&emc=th
http://www.nytimes.com/2005/11/28/international/asia/28judge.html?pagewanted=1&th&emc=th

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