Monday, January 3, 2011

China Law Blog In Shanghai Today.

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David Arquette Checks Into Rehab

Blue Valentine is such a mannered, affected piece of filmmaking that in its early minutes, I wasn’t sure I’d be able to survive it. A prematurely aged Ryan Gosling, wearing an aggressively receding hairline — the character he’s playing appears…

Movieline rating: 8.5 || read more

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William H. Macy Used To Babysit Joan Cusack, Now Films Explicit Sex Scenes With Her

Blue Valentine is such a mannered, affected piece of filmmaking that in its early minutes, I wasn’t sure I’d be able to survive it. A prematurely aged Ryan Gosling, wearing an aggressively receding hairline — the character he’s playing appears…

Movieline rating: 8.5 || read more

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Weekend Receipts: Fockers Narrowly Tops True Grit Again

Leader image for Weekend Receipts: Fockers Narrowly Tops True Grit Again

Once again, a family of Fockers has pushed boozy lawman Rooster Cogburn to second place, as alleged “comedy” Little Fockers took the box office crown this weekend. Meanwhile, Jeff Bridges repped silver and bronze with True Grit and Tron: Legacy respectively. And no one go looking for Jack Black — his nearly universally-reviled Gulliver’s Travels plummeted to eighth place. Your weekend receipts are here.

1. Little Fockers
Gross: $26,300,000 ($103,191,000)
Screens: 3,554 (PSA: $7,400)
Weeks: 2 (change: -14.7%)

Honestly, folks, just pop Meet the Fockers into the DVD player and throw in a couple hackneyed boner jokes, and you’ll have the Little Fockers experience at a fraction of the price. Cranking out an unnecessary sequel like this is such a blatant moneygrab, I’m surprised they didn’t just say it was in 3D just so they could charge an extra 5 bucks per ticket

2. True Grit
Gross: $24,500,000 ($86,765,000)
Screens: 3,083 (PSA: $7,947)
Weeks: 2 (change: -1.4%)

Thank god for True Grit, the compromise movie of households worldwide this holiday season that was a great movie in its own right. Hailee Stansfeld gives one of the best child performances ever and Jeff Bridges makes a welcome return to the artfully-constructed dialogue of the Coen Brothers. Which just about makes up for…

3. Tron:Legacy
Gross: $18,306,000 ($130,854,000)
Screens: 3,365 (PSA: $5,440)
Weeks: 3 (change: -4.4%)

It’s tough to consider a movie that’s made $130 million a bomb, but I’m sure Disney was expecting much, much higher grosses from this movie (The Karate Kid will probably make more!). Nota bene to the filmmakers, the audience was expecting cool lightcycle races and gladiator fights, not the dullest pieces of expository windbaggery this side of Keanu’s confab with The Architect.

4. Yogi Bear
Gross: $13,000,000 ($66,130,000)
Screens: 3,515 (PSA: $3,698)
Weeks: 3 (change: +65.9%)

Now that this is halfway profitable, I hope that a Snagglepuss live action movie is on its way. I’d love a knowing satire in the vein of Josie and the Pussycats wherein an obviously gay Snagglepuss is forced into a bearding relationship to jump-start his flagging career. I bet Rachel Bilson is available.

5. The Chronicles of Narnia: The Voyage of the Dawn Treader
Gross: $10,500,000 ($87,141,000)
Screens: 2,948 (PSA: $3,562)
Weeks: 4 (change: +10.8%)

Appropriately enough, this movie just won’t die.

[Numbers via Box Office Mojo]

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China Rules Skype Illegal. Tell Me Something New.

I arrived in Shanghai the other day and my first meeting was with co-blogger, Steve Dickinson, who pronounced that Skype had been declared illegal. We both commented on how it is illegal, and then we started talking about inflation.

Skype is illegal in China, of that there can be little doubt. The real question arising from this recent pronouncement is what will this actually mean for Skype in China. I am not a techie, but after talking with a number of people who are, I see the following as the possible repercussions:?

1. Nothing. China will not change a thing regarding Skype. I actually see this as the most likely outcome. I predict China will not "shut down" Skype because those who most often use it are those whom the government wants to keep in their corner. Heck, it wouldn't surprise me a bit if those who most often use it are the sons and daughters of government officials who are off studying overseas.

2. China will "shut down" Skype, but most of those who use it in China will find a workaround for it. Right now, one can purchase minutes on Skype using RMB. If Skype gets shut down, that will probably change. But near as I can tell, there is nothing to stop people from using their VPNs to circumvent the G-F-W and use Skype that way.

At this point, I say nobody should panic. I do note however that every single person with whom I have spoken so far in China is talking of how China is "tightening the noose" and of how inflation is raging out of control and may soon present very real problems. Is shutting down Skype related to this? Is the government seeking to stifle communication regarding inflation's impact? What do you think?

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China's Courts. "Utterly Worthless" Is Probably An Overstatement.

In the early years of this blog, when discussing China's court system, I would make it a point to emphasize that I was limiting my comments to how the courts handle business law matters. I did this for two reasons. One, my sense is that the quality of court handling of business cases is very different from the quality of judging given to criminal matters. Two, I am not the least bit qualified to talk about how Chinese courts handle criminal matters as I never studied Chinese criminal procedure and my firm has never (and will never) represented a Chinese criminal defendant. Working in tandem with Chinese lawyers, we have represented a number of foreigners in criminal proceedings in China, but those cases do not qualify me to speak on China's criminal justice system as a whole. For these same reasons, I always beg off whenever journalists contact me for my legal analysis on this or that high profile criminal case in China.?

I thought of all this today while reading a post by Stan Abrams, entitled, "Zhao Lianhai and Criticizing China’s Legal System." Stan is all up in arms (and few people do better when up in arms than Stan) about a Peter Foster blog post, entitled, "Zhao Lianhai’s Apology Exposes the Utter Mess of China’s Legal System." Grossly summarizing Stan's ire, it stems from Foster's conflating the Zhao Lianhai case into a claim that China's entire court system is rotten to the core and utterly worthless.

Stan then makes the following case:

But to take the criticism to the next level, saying that China’s legal system is an “utter mess” or that it is functionally nonexistent, well, this is way over the top. Perhaps Foster falls into use of such hyperbolic language because the judicial cases he looks at are the “bad” ones, like that of Zhao Lianhai or perhaps Xue Feng, a US geologist sentenced to 8 years on a state secrets charge.?

One can criticize these cases on their merits, on the choice of the government to get involved in the first place, or on the resulting erosion of public confidence of the judiciary. But if you focus on these cases, you get a very skewed view of China’s legal system.

Lots of law professors have written entire books about this subject, so let me make some sweeping generalizations of my own here in the interest of brevity. China’s legal system is complicated and deals with a wide range of subjects. Highly-charged political cases involving whistleblowers and dissidents are important cases, but they represent a very tiny fraction of judicial activity.

China has a thriving court system, and the number of civil cases, for example, has skyrocketed in recent years along with economic growth. Obviously the public retains some confidence in parts of the legal system here.

Speaking for myself and my own experiences as a lawyer, I have seen tremendous strides made within the legal sector as successive waves of reform have targeted the way courts are run, cases are handled, and judges are selected and trained. China’s economy would not be where it is today without a functioning legal system, its many flaws notwithstanding.

I don’t think anyone would point to the Zhao Lianhai case as an example of China’s legal system at its best. On the other hand, it and other politically sensitive cases represent only one aspect, albeit a very significant one, of China’s judicial framework and its approach to Rule of Law.

Let’s not pretend that a functioning legal system doesn’t exist in this country or that it has not made tremendous progress to date. Whether it can ever reach a point where Westerners would be comfortable with China’s interpretation of Rule of Law, however, is a question for the future.

I completely agree with Stan and I expressed similar views in a 2006 post, entitled, "The Yin And Yang And The Apples And Oranges On Chinese Courts."

What do you think?

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