Chinese contract law and the economic reform Essay

Chinese contract law and the economic reform - Essay Example The paper delves into how China’s previous contract laws had many contradictions and failed to meet the needs of China’s developing market economy. It then looks at why China needs a good legal system for economic reform, why a legal system is important for economic reform and what the relationship between them is. Lastly, the paper looks at why Chinese people still do not have confidence for china's law system and how the government has attempted to address the problem. Influence of Confucianism in Ancient and Present China Confucianism which means ‘The School of the Scholars,’ is the cornerstone of traditional Chinese based on the traditional culture of the Xia, Shang and Zhou Dynasties. It is attributed to K’ung Fu Tzu (Confucius in English) was born in 551 BCE in the state of Lu (modern day Shantung Province). He became the most influential and respected philosopher in Chinese history and his discourses were written by his disciples in the Analects. Confucianism combines a political theory and a theory of human nature, resulting in a prescriptive doctrine or way (dao). The political theory is based on the idea that the legitimate ruler derives authority from heaven's command, or the mandate of heaven, and is responsible for the peoples' well-being and for peace and order in the empire. In terms of human nature, humans are essentially social animals whose ways of interaction are shaped by convention or ritual (li), which prescribe proper behavior for a given situation. Good government is one that values hierarchy, group orientation, and respect for age and tradition. He also argued that societal order and harmony can be achieved if everyone understood their rank in society and were taught the proper behaviors of their rank.2 His teachings spread and was accepted across China and by around 100BC, the Han Dynasty declared Confucianism to be China’s official state philosophy. During the Tang Dynasty, however, it lost its offi cial sanction but over the last two millennia, Confucianism has remained the dominant orthodoxy in Chinese society. It thus affected everything in China; education, government, public and private attitudes and, etiquette.3 His writings deal primarily with individual morality and ethics, and the proper exercise of political power by the rulers. Confucian ethical teachings include such values as: Li (includes ritual, propriety, etiquette); Hsiao (love within the family: love of parents for their children and of children for their parents); Yi (righteousness); Xin (honesty and trustworthiness); Jen (benevolence, humaneness towards others; the highest Confucian virtue); and Chung (loyalty to the state). His vision centered on respect children show to their parents; the high regard given elders and lawful authority figures; and an appreciation for learning, protocol and ceremony.4 Confucianism has influenced the Chinese attitude toward life, set the patterns of living and standards of so cial value, and provided the background for Chinese political theories and institutions. Confucianism promotes collective interests and community welfare through emphasis of the educational or remolding process in serving the common good of the society. This concept is still upheld in China to date as seen in the government’s attempts to serve the people and reduce the big gap between first tier cities and lower tier cities.5 Confucianism also projects the concept of harmony which states that oneself must live in harmony with everything around him and stay free of guilt or sin. In order to create harmony people should use what create order and harmony amongst all things by using all the knowledge the world could

AT&T MOBILITY LLC v. CONCEPCION ET UX Essay Example | Topics and Well Written Essays - 1250 words

AT&T MOBILITY LLC v. CONCEPCION ET UX - Essay Example The Ninth Court held a 5-4 decision that was written by Justice Scalia. The majority held that the provision was unconscionable under the provisions of California law as held by the Discover Bank. Laster v. AT&T Mobility LLC, 584 F.  3d 849, 855. This paper will analyze this case by explaining the issues involved, the majority opinion and also provide a stand on whether the minority dissent was better than the majority opinion. In the AT&T Mobility LLC v. Concepcion et ux. case, the Supreme Court in U.S ruled against the use of a state judicial doctrine that made the enforceability of an arbitration agreement limited. This decision dealt a blow to consumers but proved a success to corporations and merchants. The Supreme Court ruled that the Federal Arbitration Act (FAA) obstructs the application of a judicial doctrine (Discover Bank rule) used in California that gives courts the permission to hold unconscionable class action arbitration waivers in agreements with consumers concerned. The above doctrine applies in cases where the class proceedings involve an adhesion consumer contract, when disputes attract small amounts of damage and that the superior party in the contract has deliberately conned many consumers’ large sums of money. The Supreme Court ruled that the FAA obstructs the California rule, thereby eliminating strong basis for protecting consumers (Sergeant, 2012). This paper will discuss t he AT&T Mobility LLC v. Concepcion et ux. case and the ethical issues in it. Vince and Liza Concepcion made a cell phone agreement contract with Cingular Wireless in February 2002. This contract had an arbitration clause that mandated all claims to be brought in the individual capacity of the party as opposed to a plaintiff or class member in ant representative proceeding or purported class. The agreement gave the service provider permission to make unilateral amendments willingly. AT&T Mobility LLC took over Cingular in 2005 with all its consumer