Page 156 - 2022 White Paper on the Business Environment in China
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2 White Paper on the Business Environment in China
yuan per day, if Conversant violated the injunction.
Whether the injunction was proper or not, it is
clear that the court was not weak in its dealing
with the challenge of a foreign court.
The weakness of Chinese legal institutions and
the administrative agencies that enforce the laws,
lies in the lack of respect and prestige given to
these institutions, as well as the lack of authority,
independence and proper compensation for
personnel working in the legal institutions. The
establishment of administrative courts, the
abolishment of the enforcement tribunal, the
establishment of an administrative enforcement
agency, the promulgation of a proper law of
evidence, providing punishment for perjury in
civil proceedings, acceptance of oral testimony
as evidence, providing the judges or panel of
judges adjudicating a case with substantial
independent, making third party interference with
judicial proceedings an offense, increasing the
remuneration of judicial personnel are some of
the obvious things that can be done to improve
the enforcement of IP law and other laws in China.
Clearly, the Chinese government and the
Communist party, like other governments and
parties, do not want to be challenged by the
legal institution in their governing of the country.
However, the reality is there are very few cases in
the courts that challenge the government. Systems
like those in Singapore, where the courts and the
administrative organization cannot challenge the
government, but operate freely in all other matters
of law, which is 99% of the cases, can be a solution.
While the weakness of the legal system
enforcing the law in China is a problem, the
intellectual property regime is perhaps the best
developed and most efficient aspect of the Chinese
legal system. Therefore, China will continue to
innovate and protect intellectual property. The
major efforts of the Chinese government in the IP
field are very likely to succeed, even before 2035.
However, with stronger legal institutions, China’s
success in this field will be enhanced and assured.
The government’s legitimacy will be further
promoted, domestically and internationally.
156
yuan per day, if Conversant violated the injunction.
Whether the injunction was proper or not, it is
clear that the court was not weak in its dealing
with the challenge of a foreign court.
The weakness of Chinese legal institutions and
the administrative agencies that enforce the laws,
lies in the lack of respect and prestige given to
these institutions, as well as the lack of authority,
independence and proper compensation for
personnel working in the legal institutions. The
establishment of administrative courts, the
abolishment of the enforcement tribunal, the
establishment of an administrative enforcement
agency, the promulgation of a proper law of
evidence, providing punishment for perjury in
civil proceedings, acceptance of oral testimony
as evidence, providing the judges or panel of
judges adjudicating a case with substantial
independent, making third party interference with
judicial proceedings an offense, increasing the
remuneration of judicial personnel are some of
the obvious things that can be done to improve
the enforcement of IP law and other laws in China.
Clearly, the Chinese government and the
Communist party, like other governments and
parties, do not want to be challenged by the
legal institution in their governing of the country.
However, the reality is there are very few cases in
the courts that challenge the government. Systems
like those in Singapore, where the courts and the
administrative organization cannot challenge the
government, but operate freely in all other matters
of law, which is 99% of the cases, can be a solution.
While the weakness of the legal system
enforcing the law in China is a problem, the
intellectual property regime is perhaps the best
developed and most efficient aspect of the Chinese
legal system. Therefore, China will continue to
innovate and protect intellectual property. The
major efforts of the Chinese government in the IP
field are very likely to succeed, even before 2035.
However, with stronger legal institutions, China’s
success in this field will be enhanced and assured.
The government’s legitimacy will be further
promoted, domestically and internationally.
156
