China’s Legal System: an Insurance Perspective

October 29, 2010

  • October 29, 2010 at 6:10 am
    Evan Whitton says:
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    Dear Insurance Journal,
    Fascinating stuff. Could you ask Anita Hummel to email me if or when China formally adopted the (European) civil law system? Or where I could get more data on the change? And how many lawyers are in China?
    I need the information to correct an obviously out-of-date section in my book Our Corrupt Legal System: Why Everyone Is a Victim (Except Rich Criminals). The book says:

    “If resolving disputes — not making money for lawyers — is really the objective, America would be better off using the lawyer-free method invented by Confucius (551-479 BC) at about the same time the Sophists were teaching Athenian lawyers how to lie.
    “In the Confucian system, mediators decide cases on the circumstances rather than by reference to an abstract system. Despite Mao Zedong, China’s system is still vaguely based on Confucian benevolence and reciprocity. Among 1200 million, there are said to be 800 qualified lawyers and 10 million mediators, not all, one trusts, members of the secret police. Pro-rata, the US would have 180 lawyers, England 40, and Australia 12. London would have five lawyers, Washington two-fifths of a lawyer, and Canberra one-fifth of a lawyer. That sounds about right.”


    Evan Whitton

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