Law Essay: The Legal System And Economic Law In China

The Legal System And Economic Law In China
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The Legal System And Economic Law In China
Question 2
Challenges Of Being A Judge In China
It is almost impossible for a judge in china to remain impartial since there is an insufficient commitment to a judicial culture influenced by the rule of law. According to the Chinese government structure, the judiciary is normally subordinated to political and executive authority. The Chinese government relies on its unity of power to solidify its ultimate control over every citizen (Lecture 2, n.d.). Therefore, even judges are answerable to politicians and subject to political influence, the effects of such a tradition extending to the core of judicial decision making. In China, judges have a responsibility to ensure that their decisions are politically correct. For instance, if a high-ranking politician is taken to court, the charges will not hold because he or she has influence over judicial decision making. Therefore, judges in the country do not have the autonomy to make their own decisions by relying on evidence, witness accounts, and other factors.
Judges in China have a duty to promote the interests of the government, especially where major cases are opened. Judges are considered agents of central power, and it is inconceivable for judges in the country to make decisions that are at odds with the official political position. Judges face challenges because some actors offset political influence using bribery and corruption, which makes it even harder for judges to do their duties without interruption (Lecture 2, n.d.). For instance, if two companies are engaged in a legal dispute, they seek support from politicians and might have to bribe some of them to act on their behalf. Therefore, the confidence of the courts in china is lacking due to political influence.
Courts in China are prevented from conducting official duties without any interruptions because of insufficient material support for the judiciary and institutional independence. Meaningful judicial independence requires careful consideration of the effects of administrative structures involved in overseeing the judiciary. All courts in china depend on budget allocation from entities in central and local government (Lecture 2, n.d.). Therefore, it is possible to affect how courts perform. For instance, if the government wants to reduce the number of cases that a court can handle, it reduces budgetary allocated funds. Without institutional independence of Chinese courts, impartiality cannot be achieved. Such issues lead to a lack of professionalism among judges and a lack of financial backing to raise judges' salaries.
Reforms For Judicial Independence
Judicial reforms in china would make judges more independent, and political influence would be a non-issue. Reforms would empower judges to make an independent judgment without any political repercussions. The reforms would make trials more transparent because all parties involved in the case would not seek political favor (Lecture 2, n.d.). As such, they would only rely on the judges' decision, which is not dependent on any governmental influence. For instance, when two politicians take each other to court, their political standing would be a non-issue, and the case will be rued fair because they cannot interfere with the due course of the law. Such outcomes would make more Chinese people place their faith in Chinese courts as an independent institution.
The reforms would reduce the number of cases in Chinese courts, especially if one party in a dispute is willing to make a compromise. People that rely on corruption and political influence to gain an advantage in a case would have to follow the due process of the law without failure (Lecture 2, n.d.). For instance, disputes involving two businesses would lead to loss of financial stability or influence for either party, and they would result in seeking the services of a mediator. More people would consider seeking a settlement outside the courts because they fear losing in a fair court.
The reforms would also promote professionalism among judges. Judges that are empowered to make their decisions without fear or favor are able to remain ethical. Professionalism would encourage lawyers to follow suit, which would strengthen and give a good reputation to the institution. For example, people seeking justice would be confident, telling the truth in court proceedings because they trust lawyers and judges. More witnesses would come forward in contentious cases, and judges would apply their expertise to effectively apply the law, which would reduce the time taken to solve a case.
Question 4
Regulatory Framework Protecting Chinese Consumers
Currently, there are many laws institute by the national government related to consumer rights and protection. Such laws include Drug Administration Laws, Trademark laws, Advertising Law, Malpractice Regulations, and Food Sanitation Law. Not only do the laws play a supplementary role in applying laws, but they also define the responsibilities, duties, procedures, and rights of relevant parties, which contribute to better protection of consumer interests and legitimate rights (Ben-Shahar, 2010). For example, when an online business sells food, they are liable to relevant rules that protect consumer health by providing a list of duties and responsibilities to the business. A business that does not follow such rules are put of business when they are found to be contravening the laws and may include jail term for those who are directly responsible for contravening the law. When such laws are applied, consumers are reassured that their rights and interests are protected, and businesses strive to follow the law.
E-commerce businesses in china are regulated by many laws that protect consumers against malpractices. The laws mainly focus on fighting unethical sales practices and ensuring that all business in the sector protects consumers personal information, interests, and rights and ensure cybersecurity and intellectual property rights are protected (Ben-Shahar, 2010). Dishonest activities by businesses in the sector are also subject to the laws and result in penalties; for instance, a business that fake good reviews or delete bad reviews will face the law. The Consumer Protection Laws also requires businesses to promptly notify their customers about hidden costs when they were enquiring about a product or when making a purchase decision. Such laws protect Chinese consumers and aim at building the reputation of Chinese businesses.
Although there are Consumer Protection Laws in China, they are not sufficient because they do not protect the interests and rights of consumers that should be protected. For instance, the laws do not specify how businesses should handle consumer data or ensure the privacy protection of their clients (Ben-Shahar, 2010). Although the law provides enforcement methods, they are also not effective in most circumstances. Before a business is investigated for disregarding consumer rights and interests, they have to make a serious violation of the laws to be prosecuted. The main problem with the laws is that they are not specific, and interpretation may vary, giving room for malicious activities among Chinese businesses.
How Consumers Can Protect Themselves
The most effective way of protecting personal information is using a strong password, which is not easy to crack or guess. Consumers should learn how to create strong passwords to ensure that their personal information, such as credit card information, is protected (Ben-Shahar, 2010). For example, a consumer can create a password that has both lower and uppercase letters, symbols, and numbers. Such passwords should be used in multiple accounts in case one is compromised. If consumers cannot remember the passwords, they should use a trusted password manager to keep track of logins and automatically create passwords and not easy to hack.
Consumers that are conscious of malicious activities on the internet should learn how to recognize scam and spam content emails. Although emails are an effective tool for communication, they can be used to deliver unwanted malicious data that could affect them (Ben-Shahar, 2010). For instance, hackers can create an email that asks a user to click on a link to claim a reward or a prize, and they may end up losing their personal information stored in a computer or a smartphone. Recognizing suspicious emails can save consumers from falling victim to fraud.
Some people are inseparable from their smartphones but most rarely audit their account activities to note any irregularities. The widespread use of smartphones has made many c...