The Asia Sentinel reports and we’d agree wholeheartedly with what they say… and we’ll say it even more clearly.
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Remember it’s a dictatorship of the proletariat …. actually we all know that it has now developed into a dictatorship of the elites and technocrats.
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So….. as the article rightly points out, we can have as much perception of the rule of law as we like but in the end if the Party doesn’t want it or doesn’t agree with it ( whatever “IT” maybe) one can never be sure of any protection at all
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Here’s the introduction to the article and link
http://www.asiasentinel.com/index.php?option=com_content&task=view&id=4341&Itemid=422
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To some extent, yes. But a research firm?s reports say in the long run it?s still up to the Communist Party
Apple Inc?s embroilment in a trademark dispute over its enormously popular iPad tablet computer has once again focused attention on China?s legal system, which is perceived as the place where non-Chinese companies go to lose cases.
Ever since multinationals began moving into China in force in the 1970s, too often they have found that joint-venture partners simply seize their copyrights and begin manufacturing their own equipment, and that occasionally the western partner can be arrested or driven from the company.
Apple aside ? in a case, however, where the US-based electronics firm may have slipped up — look no further than Kawasaki Heavy Industries Ltd., Siemens AG, Alston SA and Bombardier Inc. who complain that rail companies that were once junior partners in building China?s high-speed rail system have appropriated their technology and are selling it to companies outside China. Kawasaki is now suing China South Locomotive & Rolling Stock Industry Group, known as CSR.
Neither of these cases is unique by any means. Yet, despite these spectacular infringements, there is some sense that the country?s legal system is being upgraded. The days are largely gone when, in the 1980s, a defendant?s temerity in bringing a lawyer with him to court famously resulted in the court ordering the lawyer;’s removal and having him tied to a tree outside, according to an Asian Wall Street Journal story at the time.
Legislative activity has grown across social, economic and commercial fields, according to a series of reports issued to clients last week by Research-Works, the Shanghai-based independent economic research firm, with a legal profession beginning to develop and with many foreign firms now having a presence in China. There are now several hundred national laws. The legal system is based on civil law, not case law.
