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Law and Order in China
September 30, 2000
Law in China came into being in the period of Town and Yu (2365-2205 B.C.) in the form of code.
The most interesting legend in the Chinese law history is - there was an animal, TZE, with horns like deers, which always came to court sessions. It listened two sides of the litigation and then expressed its ruling by driving the guilty party out of court with its horns! It sounds like that this kind of animal was more impartial than judges.
Since the inception of PRC, the communist party has been omnipotent. Whatever the party decided was law. They did not follow any law (constitutional or otherwise ) or precedents. How to rule? One high ranking official advised cadets to look to examples of ancient theatrical dramas in which good and capable magistrates exonerated many innocents. During the Cultural Revolution, when red guards were insulting Mr Liu Shiao Chi, the Chief of State of PRC, he produced the Constitution for his protection. Of course, it proved no help to his dignity or honor.
After the Reform and Open-up movements, communist leaders at last decided that there should be rule of law to woo foreign investors. As a result, there were, in 1994, seminars or classes for officials of all levels, from Jian Ze-ming and Li Peng down to local cadets. These sessions helped the trainees or participants to have some concept of law .
In 1998, there were judiciary reforms with the hope of reforming courts at all levels withn five years. It was, obviously, “rule of law” flavored. However, the most difficult part was HOW TO ENFORCE THE LAW. Even, Premier Zu admitted in Singapore, on Nov 30, 1999, PRC was not completely ruled by law and many of the court decisions or sentences were not enforced.
Taiwan investors, who are supposed to know the Chinese law better than non-Chinese investors, have felt deeply the pains and frustrations because of the non-enforcement of their claims or compensations.
To know better the PRC’s law or precedents or to learn whether the court’s decisions regarding investors’ interest are enforced in particular business areas, our experts’ advice is always available to our readers.
Businesses with No Bargaining
September 12, 2000
Most tourists find shopping highly interesting in developing countries, where local souvenirs or even goods of well-known brands can be had at a much cheaper price. Whether these good are counterfeits or not may not be a tourist’s immediate concern, but something is of their concern, if not annoyance. - BARGAINING. Even were they to have bought something sophisticated, something that could not be counterfeited, at a cheaper price, they still can be unsure whether they had paid excessively.
In PRC, where bargaining is prevalent, there are two businesses that are NO BARGAINING businesses, viz: tuition of star schools and crematorium!
It is an time-honoured tradition of the Chinese to give the best education to their offsprings. That is to say, to satisfy unfulfilled ambitions / expectations, the parents would like it to happen to their child. As a result, all parents would like to see their children admited to star-performing schools--including kindergarten. However, not only is there no tuition bargaining in this situation, even if the parents have enough money, their child may not be admitted unless the parents are also politically, or otherwise, influential.
On the other hand, tuitions of PRC’s higher education institutions have been hiked, for the next semester, by 30% making it more difficult for the poor . There are sad stories of how hard-pressed families find the wherewithal to enable a family member to go to college: one sister promised to marry any fellow, old or ugly, if that person can financially support her brother to go to the university. A number of others are forced to sell blood, to work like a slave for extra money.
According to Jeffrey Sacks, economist from Harvard, the Asian economic growth depends on strengthening of the of their techchnology sector and improvement in education. That is why higher education is very much in demand.
Surprisingly, there are, in PRC, many foreign-country associated educational units, although not yet on the college or university level. These entities have proven to be a great success, as there are more prospective students than can be accommodated by these schools.
The impending admittance of PRC into WTO will, most likely, allow non-Chinese to run schools in China, including higher education ones. Believe me, this “NO BARGAINING” business will be both a worthy cause and high profit.
We have ready partners in PRC if any readers of this column has interest.
E-mail: VJCHANG@hotmail.com
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