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International Law

: China Law Blog

The CCP And China's Courts. The World Is Getting Darker.

By Dan Harris and Steve Dickinson

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Dr. Willy Lam of the Jamestown Foundation just came out with an extremely incisive and disconcerting article on the increasing politicization of China's courts. The article is entitled, "The CCP Strengthens Control over the Judiciary," and to grossly summarize, it very convincingly argues that Hu Jintao is moving to ensure even greater political control over China's judicial system. The courts are to "perpetually uphold the political orientation of being loyal to the party, loyal to the country and the people, and loyalty to the law." For simplification purposes, I have always divided China legal matters into three categories. Commercial/civil cases, criminal cases, and political cases and, for obvious reasons, I have always focused on the commercial/civil side. My question is whether these recent edicts regarding China's judiciary and how courts are to rule will impact rulings in civil cases. More particularly, does being loyal to "the country and the people" mean we will see increased bias against foreigners in commercial disputes?

Full post as published by China Law Blog on July 06, 2008 (boomark / email).