Wednesday, October 30, 2013
Wednesday, October 23, 2013
Tuesday, October 22, 2013
There's a general consensus among Chinese and foreign scholars of Chinese law that whatever advantages the current system of local leadership over courts and procuratorates may have, they are far outweighed by the disadvantages. Local political leadership controls personnel and finances of courts and procuratorates at the same administrative level, and this naturally makes courts and procuratorates tend to listen to local political leaders, even when their wishes go against what the law might require.
Proposals to centralize control over court personnel and finances have been around for what seems like decades now, but have never gotten anywhere. The principle of local control is quite strong in China, and as courts and procuratorates are viewed by local governments as just another bureaucracy, one can understand why they would not feel there was anything special about them justifying a special governance and accountability structure. Moreover, any centralization would require amendment not only of the Court Organization Law, but of the Constitution itself: Article 101 provides that local people's congresses at the county level and above have the power of appointment and dismissal over chief judges and chief procurators at the same level, although interestingly appointment and dismissal of a chief procurator requires the approval of the higher-level procuratorate and people's congress standing committee.
In any case, the Duowei news service (not always reliable) reports yet another initiative to centralize the power of personnel appointment and finances over courts. Whether this time it will go anywhere is anyone's guess.
Sunday, October 13, 2013
Is a high-energy scanner a "like product" with a low-energy scanner? MOFCOM says yes, WTO panel says no.
I had a look today at the WTO panel decision in China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the European Union. This was a complaint by the EU against China for its finding of dumping against Smiths Heimann GmbH ("Smiths"), a European exporter of x-ray security inspection equipment, i.e., scanning machines.
Smiths might have been justified in thinking it had not received an entirely fair hearing before the Ministry of Commerce ("MOFCOM"); the Chinese complainant, Nuctech, was closely associated with Chinese leader Hu Jintao's son, Hu Haifeng - he had been president of the company until 2008, when he was promoted to become the Party secretary of Tsinghua Holdings, a company that controls Nuctech and a number of other companies. In any case, the WTO panel seems to have agreed. It found pretty much across the board in favor of the EU.
An interesting aspect of the case was the question of whether the so-called "low energy scanners" exported by Smiths were a "like product" with high-energy scanners manufactured by Nuctech. It worked in Nuctech's favor to find that they were, and MOFCOM duly so found. The panel was not impressed. In fact, it even bolstered its finding by including in the report photographs of each kind of scanner. You be the judge:
Am I being too cynical to suspect that the fix was in?
Tuesday, October 1, 2013
Some job openings related to Chinese law have come up recently:
- Great Britain China Center: "The Great Britain–China Centre is seeking a Deputy Director to develop its partnership project work in China in the field of rule of law development and to lead new initiatives in such areas as legal, judicial and media reform, good governance, management training and political and economic dialogues with China." Details here.
- ABA Rule of Law Initiative: "ABA ROLI seeks candidates to fill one Program Officer position based in Beijing, China. The Program Officer, working under the supervision of the Country Director and Deputy Country Director, will be responsible for managing and implementing cooperative training, policy, research, and networking projects primarily in the areas of environmental law and civil society capacity building." Details here.
HT: Mark Cohen.