Disorder In China's Courts

Interesting article by Simon Elegant (who also just did a thoughtful post on Xiamen) on China's court system in the latest issue of Time Magazine, entitled, "Disorder in China's Courts."  Article highlights some pretty glaring abuses of justice in China's criminal justice system and even goes so far as to describe China's judicial and legal system as the "visible symbol" of China's "dilemmas":

Like almost everything else in the country, China's legal system is in transition, buffeted by social changes sweeping the nation as it races toward economic modernity. There are many other areas of grave concern for Beijing: a ravaged environment, an inadequate health-care system, pervasive corruption and a widening chasm between the urban rich and rural poor, to name a few. But none is so visible a symbol of the dilemmas Beijing faces in coping with rapid change while at the same time preserving the country's tenuous social order'and the Communist Party's grasp on political power'as the judicial and legal system.

Elegant sees the system as nearly paralyzed:

It is a system in near paralysis, where even cases that its own judges have acknowledged are profoundly flawed can go unresolved. China's legal institutions share many names and structures with those of Europe and the U.S.: four tiers of courts from the county level to the Supreme People's Court, a prosecution service (the People's Procuratorates), an appeals process, trials, judges and lawyers. But the institutions that make up China's legal system are all ultimately under the control of the Communist Party. The Party isn't solely to blame for China's woes: rogue local officials, badly paid, poorly trained judges and the courts' own institutional weakness all play a role. But the Party's near absolute power over the judiciary ensures a lack of accountability that is the root cause of many other ills.

Elegant talks of how there is some glamoring for change by China's "emerging urban elite":

Chinese have long had to accept that the courts offered little recourse from flawed decisions. But economic development is bringing pressure for change. The country's emerging urban 'lite now see protecting their individual rights as a No. 1 priority. "The rising middle class likes predictability and security, and that's what the law does," says Nicholas Bequelin of Human Rights Watch, adding that the Communist Party recognizes that its future hangs on being able to accommodate such demands. "The Party is highly adaptable so long as nothing threatens their basic control."

But change is happening, however slowly:

Some progress is being made: lawyers have recently won credible victories on cases involving environmental protection, labor rights and antidiscrimination. The government has also attempted to professionalize the legal system by bringing in overseas lawyers and judges to help train their Chinese counterparts. But even those incremental gains are met with deep suspicion, resulting in what Bequelin calls the "fundamental inner contradiction" of the law's role in Chinese society. "On the one hand the Party insists China is subject to the rule of law," he says, "but at the same time they insist on the primacy of the Party in all areas, including the law.

Elegant has it exactly right.  The Chinese Communist Party (CCP) is torn between its desire to please the people with justice while at the same time seeking to control the legal system.  The Party also knows improving China's legal system is good for foreign business. 

My fear is that it China is managing to achieve both its goal for increased legal justice and control at the same time, by essentially choosing justice for business disputes and choosing control for other court actions.  China's courts are rapidly improving when it comes to business disputes, but progress on all other fronts appears to be slow or non-existent.  This is what allows us to run a post less than two weeks ago, entitled "Chinese Court System Surprisingly Effective For Business Disputes," while at the same time concurring with Elegant's critical descriptions of that "same" system.