Chinese Courts
Court cases in China are very interesting affairs. I was summoned today to appear in court to 开庭. The closest equivalent to that phrase would be “begin court proceedings”. And in case my readers think it is something glamorous, my role there is little more than the equivalent of a member of the public in courts in the West and in Singapore. Yet I had to be summoned. Wow.
The 上海市徐汇区人民法院 Shanghai Xuhui District People’s Court is located at 188 宜山路 Yishan Road. I was there early, and was allowed into the building with only a metal detection check and an X-Ray of my bag performed by 2 unarmed security officers. I was not asked for my identification, thankfully, for I had forgotten to take my passport with me. In Singapore, I would need my identity card, and I would need to register myself in the presence of armed policemen (auxiliary police, but nevertheless with guns, batons and handcuffs).
A billboard scrolled the various cases to be heard that day. The vast majority of them are 合同纠纷 contractual disputes. There are cases scattered about of maintenance claims, of disputes over money to be returned and so on. All of them civil cases.
The lack of respect for everything in the court process was so apparent even before the case started. Neither the plaintiff nor the defendants (two parties) were present, and they were represented by their lawyers. Only two members of the public were there, and they were on the side of the first defendant.
The second defendant’s lawyer had neither the Chinese name of her client, nor the address. The two members of the public had to call to find out for her, in the presence of the judge. Granted that the proceedings had yet to be declared open, but one should not do such things in the court itself.
The judge called the court to order, and something hilarious happened. The lawyer for the first defendant was asked for certain facts of the case, and he was stumped, and immediately spoke to me to tell the judge (I was one of the witnesses to the case)! He was immediately rebuked by the judge for doing so.
As the case continued, the lawyer of the plaintiff began to present the demands. He was interrupted by the lawyer of the second defendant, and he rebuked the lawyer immediately for doing so, claiming it is his turn to speak, by protocol. Yes, he rebuked, not the judge!
By the time the case ended, I was already shaking my head within my heart (no, I would not be so silly as to really shake my head in the midst of all the Shanghainese!). As I left for school, I could not help but wonder sometimes what kind of a society gives so little respect to their laws, and to those in the profession.
It sure is interesting, living in my adopted land!
The 上海市徐汇区人民法院 Shanghai Xuhui District People’s Court is located at 188 宜山路 Yishan Road. I was there early, and was allowed into the building with only a metal detection check and an X-Ray of my bag performed by 2 unarmed security officers. I was not asked for my identification, thankfully, for I had forgotten to take my passport with me. In Singapore, I would need my identity card, and I would need to register myself in the presence of armed policemen (auxiliary police, but nevertheless with guns, batons and handcuffs).
A billboard scrolled the various cases to be heard that day. The vast majority of them are 合同纠纷 contractual disputes. There are cases scattered about of maintenance claims, of disputes over money to be returned and so on. All of them civil cases.
The lack of respect for everything in the court process was so apparent even before the case started. Neither the plaintiff nor the defendants (two parties) were present, and they were represented by their lawyers. Only two members of the public were there, and they were on the side of the first defendant.
The second defendant’s lawyer had neither the Chinese name of her client, nor the address. The two members of the public had to call to find out for her, in the presence of the judge. Granted that the proceedings had yet to be declared open, but one should not do such things in the court itself.
The judge called the court to order, and something hilarious happened. The lawyer for the first defendant was asked for certain facts of the case, and he was stumped, and immediately spoke to me to tell the judge (I was one of the witnesses to the case)! He was immediately rebuked by the judge for doing so.
- As a lawyer, he should have been prepared with the facts of the case.
- As a member of the public, protocol demands that I cannot comment at all during the proceedings.
- As a lawyer, he should have known #2!
As the case continued, the lawyer of the plaintiff began to present the demands. He was interrupted by the lawyer of the second defendant, and he rebuked the lawyer immediately for doing so, claiming it is his turn to speak, by protocol. Yes, he rebuked, not the judge!
By the time the case ended, I was already shaking my head within my heart (no, I would not be so silly as to really shake my head in the midst of all the Shanghainese!). As I left for school, I could not help but wonder sometimes what kind of a society gives so little respect to their laws, and to those in the profession.
It sure is interesting, living in my adopted land!
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