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Sinica Podcast

Courts & torts: Driving the Chinese legal system

Sinica Podcast

Kaiser Kuo

Culture, China News, Hangzhou, Chinese, International Relations, Chongqing, Beijing, Sichuan, Currentaffairs, China, Politics, Chengdu, Shanghai, Guangzhou, China Economy, News, China Politics, Business, Film, Shenzhen

4.8676 Ratings

🗓️ 1 March 2018

⏱️ 63 minutes

🧾️ Download transcript

Summary

"Having read hundreds and hundreds of these cases, I have decided that I'm never going to drive in China." That is what Benjamin Liebman, the director of the Center for Chinese Legal Studies at Columbia University, concluded after his extensive review of laws relating to traffic violations in Hubei Province. Geoffrey Sant, a partner at the law firm Dorsey & Whitney, notes that traffic accidents in China are substantially more fatal than traffic accidents in the U.S. While the U.S. only sees about one death per 70 traffic accidents, China sees one death per four accidents. Whether it be the explosion of car ownership and road infrastructure (new drivers in new places), more drunk and reckless driving, an expectation that traffic laws (such as stopping at red lights even when no one is coming) are "optional," or a variety of other factors, Chinese roads can be dangerous. There are also some quirks in the legal system that create perverse incentives, leading to some pretty extreme cases. For example, as Geoffrey detailed in an article on Slate, more than a few videos have surfaced of drivers intentionally running over or otherwise killing people they have injured on the road. The reason for this? In China, the liability payout for an accidental traffic death is a small fraction of what you have to pay out if you cripple someone for years. The way that courts deal with these extreme cases, as well as more routine traffic tort cases, reveals a lot about the function of courts in Chinese society. That is what Geoffrey and Ben argue and discuss in this live Sinica Podcast, recorded on February 26 at the offices of Dorsey & Whitney in New York. Recommendations: Jeremy: The Twitter feed of Tong Bingxue 仝冰雪 (@tongbingxue), a great place to find rare old photos and videos of China. Geoffrey: Persuasive Business Proposals: Writing to Win More Customers, Clients, and Contracts, written by his father, Tom Sant. It’s useful for writing pitches when you’re trying to get people to hire you — for example, when you’re a lawyer trying to get clients. Ben: The Handpulled Noodle, a restaurant in New York at the corner of 148th and Broadway, which serves genuine Xinjiang noodles. And China in Ten Words, by Yu Hua, which explores the lack of trust in Chinese society. Kaiser: The work of MacroPolo, specifically, a piece by Evan Feigenbaum titled “A Chinese Puzzle: Why Economic ‘Reform’ in Xi's China Has More Meanings than Market Liberalization.”   See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Transcript

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0:00.0

Welcome to this special live edition of the Cynica podcast coming you today from the law offices of Dorsi and Whitney here in Manhattan.

0:15.1

As this is a live show, I believe this is where you're supposed to make some noise as they say so.

0:24.3

See you, Nick. this is where you're supposed to make some noise, as they say so. Cineka, Cineka.

0:27.4

The Cynica podcast is produced in partnership with SubChina.

0:30.1

SubChina is the best way to stay on top of the most important news from China in just a few minutes a day

0:34.9

through our terrific free email newsletter curated, of course, by this fellow up here with me, Mr. Jeremy Goldcorn.

0:40.8

Woo!

0:41.1

And, of course, through our handy smartphone app or at our website, subChina.com, we've got

0:48.4

more and more fresh reporting on China, timely and relevant videos, we've got quizzes, we've

0:53.3

got opinion and analysis pieces,

0:54.9

and much more, all about a nation that is reshaping the world.

0:59.6

I am Kaiser Guo, joined by a man who has reshaped my world, mostly, but not entirely for the better.

1:05.0

Mr. Jimmy, aka Jeremy, Goldcore, Jeremy.

1:07.9

How are you?

1:08.8

Fair is fair.

1:10.0

Now, I think you were right back in, what was like, 2013 or 2014, when you made a certain

1:16.4

prediction that a certain Mr. Sijing king would seek to remain in power after his allotted

1:21.5

two terms.

1:22.0

His allotted two terms, of course, are not yet up, but already he's already signaling that

1:26.9

he's going to stay in power.

1:28.3

So congratulations, Jeremy.

1:29.3

I owe you maybe.

...

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