中国法律博客
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Opening the Floodgates to Freaky, Misogynistic Chinese Litigation
媒体来源: 中国法律博客

Since my last post was a bit too much on the bitchy/preachy side, here's something slightly more amusing.

In Common Law countries, judges are often asked to rule on new causes of action/points of law, sometimes referred to as matters of "first instance." A Common Law judge has a lot of power in this regard and can have a major effect by recognizing new kinds of claims.

One argument often made by defendants in these cases is that if the judge recognizes the claim or legal theory, this would open up "the floodgates" of litgation to all other similarly situated litigants, which depending on the issue at hand, could be millions of people.

Legislators also discuss new laws in these terms (i.e., "If we pass this law, it will open up the floodgates to . . .").

Perhaps that sort of thinking was going through this judge's mind when the following ruling was made here recently:*

The Xianfeng county people's court in Hubei province turned down a man's request for compensation from his ex-wife who failed to get pregnant.

Liu who married Chen in 1999 said the latter had wasted his entire youth.

Even as the court granted the couple a divorce, it rejected Liu's demand for compensation. (China Daily)

With the misogynistic attitudes of many Chinese men combined with the total population of this country, one shudders to consider the sheer number of potential cases out there.

*Note: The Common Law principle of stare decisis is not applicable here, so just to be clear, nothing that judge did would have any bearing on future litigation. I'm just having fun with this.

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© Stan for China Hearsay, 2009. |
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