China’s Evolving Legal System – Part 2/2

December 7, 2010

During the 1990s, Zhou Litai became famous as one of the first lawyers fighting for the rights of workers injured or mistreated by China’s new wave of private enterprises.… Since then, he has handled thousands of workplace injury cases, and even houses and feeds some of his most destitute clients. Source: New York Times

Zhou Litai has been featured in China Daily and on CCTV in China.

In the 2006 documentary, Zhou Litai says, “In Shenzhen every year, 10,000 insured workers get injured.  It’s reported that 95% of injured workers do not file lawsuits.”

“After winning cases,” Zhou Litai says, “some clients went back home to buy a house or to open a home business. Also, a few have started self-education in law such as Fu Shulin, who comes from Anhui Province.”

“Before he came to Shenzhen,” Zhou Litai says, “Fu Shulin was a student at a vocational college in Hefei City and he’s been living with me after filing a lawsuit. During the legal process, he realized the power of the law and decided to study after me.”



In May 2006, a short documentary of China’s changing legal system was produced.

Before becoming a law clerk, Fu Shulin had a hand cut off while operating a machine. He was sent to a hospital.

Shulin says, “At first, the doctor told me that my hand was able to be reconnected. However, after my boss talked to the doctor, he told me that my hand wouldn’t be reconnected because the bones had been shattered.”

Shulin had problems with his factory boss so he saw Lawyer Zhou Litai.

After seeing Zhou Litai, Shulin was offered 30,000 yuan by the factory (less than $4,000 US). He turned it down.

Then the boss had him locked up in a factory room, but Shulin managed to get a note to his lawyer, Zhou Litai, who came with the police to free him.

in 1998, the district court ruled in Shulin’s favor and awarded him 160,000 yuan (more than $19,000 US dollars). The factory boss appealed and lost. The final settlement was 168,000 yuan (more than $20,000 US)

Return to China’s Evolving Legal System – Part 1

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Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too.

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China’s Evolving Legal System – Part 1/2

December 7, 2010

Since China’s first emperor, Qin Shi Huangdi (259 – 210 BC), a legal system was established that was relatively modern and forward-looking. Trained administrators were sent across the country to govern by statute. What was right and what was wrong was not subject to the whim of erratic autocrats or juries. Source: Anthropologist in the Attic

In general, ancient China’s legal system attempted to enforce filial piety, to uphold the respect of family ancestors, to avoid legal action when possible, to create deterrents to actions and to “control outbursts” (which explains why China locks up dissidents and others). Source: Kwintessential.co.uk

No matter how much Westerners may disapprove of China’s ancient legal system, it had the respect of the Chinese people because they understood the traditions behind the laws.


In May 2006, a short documentary of China’s changing legal system was produced.

As part of its economic reforms and policy of opening to the world, between 1980 and 1984, China established special economic zones in Shantou, Shenzhen, and Zhuhai in Guangdong Province and Xiamin in Fujian Province and designated the entire island province of Hainan a special economic zone.

Many of China’s new laws were written after this happened.

The rapid growth in industry led to a large number of work related injuries. For example, In 1998, there were over 15,000 serious work related injuries and industrial accidents.

Zhou Litai, a Chinese lawyer, arrived in Shenzhen in 1995 to work on worker’s compensation cases. He says there are three reasons behind worker’s compensation cases in China.

1. The facilities are old and outdated. Some of the equipment was used in Taiwan, Hong Kong or Korea 20 years ago.

2. The workers don’t get the necessary training before they start work.

In fact, Zhou Litai says, “The government has clearly regulated that workers need to be trained before starting a new job, and working permits are required.”

3. The worker’s health deteriorated due to working overtime on a regular basis.

4. The government control isn’t strict enough (For more than two millennia the legal system avoided legal action when possible).

Many Western legal concepts are foreign to Chinese culture.

______________

Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too.

If you want to subscribe to iLook China, there is a “Subscribe” button at the top of the screen in the menu bar.