Evolution of Chinese courts
Dan Harris posted the following assertions (and evidence) on The China Law Blog. It offers some good ideas that your students could, with a bit of research, support or contradict.This is part of a series, and it seems to me that you could give each of the entries to a different small group to consider. Then the class could compare conclusions about the accuracy of Harris' contentions. (There are links to the other entries embedded in this article.) Then everyone should discuss whether these trends in the courts reflect changes in the political system.
China Law Evolving -- Businesses Take Note
"China's globalization is influencing its laws and its law enforcement. What this means for business... is that China's laws and law enforcement are evolving towards the West.
"In previous posts in this series... I talked about cases where Chinese courts have issued rulings that would not be at all unusual in California, but were groundbreaking for China...
"This post focuses on a recent case... [that] involved a China Southern Airlines passenger who sued China Southern for not allowing him to board an overbooked flight for which he had bought a ticket...
"The People's Court of Chaoyang District ruled in favor of the plaintiff and against China Southern, holding that the airline should refund the 1,300 yuan the passenger spent on his ticket for having failed to inform him that he might not be allowed to fly as planned. The court also ruled that thethe airline had not cheated the passenger...
"This probably was the first time a passenger successfully sued an airline in China for having failed to inform passengers of the potential for overbooking, but it certainly is not the first successful China consumer misrepresentation case... there has in the last few years been a decided shift in Chinese courts toward the consumer in misrepresentation claims."
Labels: China, rule-of-law
posted by Ken Wedding @ 5:18 AM
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