Chinese Policymakers Turn to the Lawyers
October 2nd, 2007For those who love their beef noodles, July was not a happy month. China’s fast food connoisseurs were up in arms at the news that instant noodle prices were going to rise by an average of 20%. Their budget snack was becoming less budget and they didn’t think this was fair. They were correct.
An investigation conducted in August by the National Development and Reform Commission (NDRC) found that members of the International Ramen Manufacturers Association were illegally colluding with one another to fix prices. The noodle makers were duly punished.
It was a victory for consumer activism and, following government approval of China’s first proper antitrust law in September, further success could follow.
“This new law [which outlaws monopolistic behavior such as price fixing] raises public awareness of the competition issue,” said C.F. Lui, a senior associate at law firm Baker & McKenzie in Shanghai. “People will know that they can make official complaints.”
The passing of the antitrust law, which comes into effect on August 1, 2008, marks the end of an 18-month period in which China has placed a large body of commercial legislation on to the statute books. In addition to antitrust, the most significant new laws cover bankruptcy, company activity, property rights, labor contracts and securities. All of them have an international flavor, a reflection of the time lawmakers spent researching the experiences of other countries.
The sense is that the policy is being put in place to shepherd China as it enters a more globalized and market-driven era, one in which corporate ethics and individual rights have much greater weight.
“They have got pretty much the full set of commercial and private property laws,” said Graeme Johnston, a Shanghai-based partner with Herbert Smith. “The challenge of the next 10 years will be getting these laws neutrally administered, interpreted and enforced.”
At the 17th Chinese Communist Party Congress in October, the people tasked with meeting this challenge may well be put in place.
RACE FOR SUCCESSION
The congress will see further discussion of President Hu Jintao’s twin policies of creating a “harmonious society” and pursuing “scientific development.” These are the cornerstones of his vision for the future: a country in which the growth-at-any-cost mentality is tempered by a social and an environmental conscience.
But many eyes will be on the race to inherit Hu’s legacy in 2012, when he is supposed to step down as leader.
There are likely to be significant changes to the Politburo Standing Committee (PSC), which comprises the senior leadership of the party. The high-flyers who are elected to the PSC in October will include the odds-on favorites to succeed Hu as party secretary and president.
What is notable about the front-runners to form the “fifth generation” of Chinese leaders, as well as those ascending the ranks beneath them, is their training. Gone are the days of the technocrat; these cadres have qualifications in law, economics, politics and philosophy.
Out in the provinces and municipalities, about half of the people appointed party secretary, governor or mayor since 2002 - the year Hu became party leader - majored in one of these subjects.
“The trend is very clear: Over the next five to 10 years more lawyers will move into the driving seat of Chinese politics,” said Li Cheng, professor of government at Hamilton College in New York state.
THE GROWTH STORY
According to Jonathan Anderson, chief Asia economist at investment bank UBS, this is not the work of a forward-looking leadership that wants to promote lawyers. It is part of a broader phenomenon as China’s rapid economic growth has spawned a demand for people who know how to manage it. In an increasingly corporate society, a premium has been placed on an understanding of the function of law and how it fits into business.
“I would say it is the growth process that is driving change in China and inexorably changing the focus of politics, law and society,” Anderson said.
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