Watching the Sun Rise in the Far East

Mark Falcon '13
Associate Editor

Whether you are a 1L or 2L, you cannot pass up on the amazing experience that is the China Study Abroad program at BLS. Yes, the flight will be over twenty hours long with, hopefully, a lay over, but think of it this way: hasn’t the school year prevented you from seeing all those bad movies that you really wanted to pay $15 for? The flight is well worth the two week immersion into a completely foreign culture with peers that will grow into close friends.

Usually led by Dean Gerber, students this past summer had the pleasure to be accompanied by statutory interpretation master Professor Solan. The program offers two courses that are worth up to 3 pass/fail credits. Even though the Professors do a good job of recognizing that it is a study abroad program, I would recommend registering for one class to have more time to explore. Besides classes, the program includes paid-for excursions to legal institutions

There are two law related trips that provide students with a good overview of China’s legal system. One outing takes students to visit the Headquarters of the China International Economic and Trade Arbitration Commission (CIETAC). This commission hears international economic and trade disputes through the process of arbitration, the frequency of which has rapidly increased due to China’s entry into the WTO in 2001. At the Headquarters, students participated in a panel-like discussion on the process of arbitration in China.

More impressive, however, was the outing to the Supreme People’s Court (SPC) where a Grand Justice discussed China’s judicial history, structure and civil law system.

In the early 1980s, the Organic Law of the People’s Court formed the judicial system in mainland China. The SPC reviews cases from two distinct Courts: the Courts of Special Jurisdiction, which is comprised of the military, railroad, water transportation, and forestry courts; and the Local People’s Courts, which is a three-tiered system comprised of the basic, intermediary, and high people’s court. The SPC is made up of 13 Justices: one Chief Justice or President of the SPC, one Grand Justice of First Rank or VP, and 11 Grand Justices. Unlike in the U.S., The SPC does not have a ‘cases or controversies’ requirement when reviewing appeals, hearing original jurisdiction cases or adjudicating disputes that have the greatest influence in China.

From this visit, I was most impressed by the development of China’s judicial system within a civil law system. A common law judiciary will turn to precedent to explain gaps or ambiguities in legislative law. Court decisions are interpretations of law which are later relied upon by judges in their process of applying legislative law to novel but similar facts. Contrastingly, in a civil law system, gaps in legislative law are not recognized. The role of the judiciary is to apply the law as intended, not to “interpret” laws as in common law traditions. Decisions are reduced to an application of a clear law rather than an interpretation of a law that supplements the written legislative law. In a civil law system, the concept of stare decisis does not exist. However, the SPC has a novel third responsibility: to give judicial explanations of the specific utilization of laws in the judicial process that must be carried out nationwide. This additional responsibility provides the SPC with the ability to influence legislative law application, similar to the role judicial decisions play in a common law system.

The judicial system in China will continue to strengthen in its process and application of the law.

In 1998, the government began a comprehensive internal shake-up of the judiciary resulting in the punishment or dismissal of over 4,200 judicial branch employees. Along with governmental actions legitimizing the judicial system, it is foreseeable that a growing affluent population will soon demand legal protection of their recently acquired “property” (generally, real property cannot be owned, but rather leased for long terms from the state). These forces provide for a strong judicial system pivotal in supporting China’s continued growth.

All this is great for China. But let’s be honest, students are not going to travel half-way around the world to solely study legal topics.

After classes, students will have time to visit cultural sites, go shopping, and experience a lively nightlife. The most famous sites, such as Tiananmen Square, the Forbidden City, and the Great Wall of China, are just the highlights of the school excursions. To help plan out your trip, I have discussed below some additional must see sites as well as what they famously have to offer.

After visiting Tiananmen Square and the Forbidden City, I would advise staying around the area and hiking up to the top of Jingshan Park. This park was the royal family’s personal playground, and is located across the street from the Forbidden City. At the end of the day, the sun will set behind the picturesque mountain line illuminating the Forbidden City and Beihai Park with its fleeting orange glow. The reflection off Beihai Park’s massive lake along with the cool breeze that hits the top of the Park will surely set the scene for a great moment of reflection.

Among all the beauty that night, just make sure to stick together with your group because it does get dark quickly, and the small paths in the park have limited visibility.

After shopping at the Pearl Market during a school excursion, spend the afternoon exploring the Temple of Heaven Park across the street. Not only does this park include the Temple of Heaven, but groups commonly gather in the impressively pedicured grounds to play board games such as mahjong– a popular pastime in China, play hacky sack with shuttlecocks, and duel their qins – a traditional Chinese string instrument.

During the weekend, take a day trip to LongQing Gorge, which is rumored to have inspired the floating mountains in the film “Avatar.” Here, there are several outdoor activities including riding the longest escalator in China that happens to be encapsulated by a colorful dragon and clinging to the side of the mountain, kayaking, and bungee jumping. Keep in mind that the gorge is about a one and a half hour bus ride from Beijing, so leave very early to avoid long lines and crowds. The sun will set behind the picturesque mountain line illuminating the Forbidden City…with its fleeting orange glow

The program will also include a visit to the Yashow market. Feel free to indulge in this market that has four floors selling popular clothing brands for cheap, and is topped off with a floor solely dedicated to tailors. You cannot and should not leave China without buying a tailored suit or shirt. Although the tailors’ style may be stuck in the 90s, they are very talented and just require detailed, consistent direction. A tailored French-cuff shirt can cost you $15, a two piece suit $150, and a three piece suit around $200, plus or minus 20% depending on your haggling ability. Furthermore, the more you buy, the greater the discounts and additional articles they may throw in to the purchase. Be careful – you may end up leaving with 8 suits!

There are also rumors that the Olympic Park will be closing soon due to the high maintenance costs. The Park includes the bird’s nest, water cube, and the fan. It is a beautiful large area, which lights up after sunset and is a must see while it’s still around.

Make sure to also visit the Hutongs or narrow traditional streets that provide you with a view into historical Beijing. The two most popular Hutongs are the Liulichang Hutong and the Yandai Xiejie Hutong. Liulichang is known for its traditional art stores–here is where you would get your loved ones beautifully personalized jewelry for fractions of the cost. Yandai Xiejie Hutong has more modern stores targeting the younger Beijing generation.

When visiting the latter Hutong, make sure the group you go with is interested in making one more stop. Yandai Xiejie Hutong leads into Houhai Lake, a man-made lake surrounded by bars whose vibrant lights are reflected off the water. As a foreigner, you will be hassled to enter every bar. Do not talk to any sponsor unless you are sure you want to enter their bar or they will follow you around the whole lake until you do. The best bars in this area have outdoor roof seating so you can take in the stunning sights and bustling streets that surround the tranquil lake.

There are two other nightlife locations that are a must. One is an expatriate area called Sanlitun (located in the Chaoyang District) which is next door to the Yashow market mentioned earlier. Sanlitun provides you with the comfort of English speaking bartenders with stunning views of modern Beijing.

Most of the bars in Sanlitun will be comparatively high-end, outdoor roof bars, and filled with foreigners, which for some reason mostly turn out to be Australian. The other must-see nightlife experience is located on the 80th floor in Beijing’s World Trade Center. If the lavish interior décor does not impress you, the views of Beijing will. It may be expensive relative to most of the bars you go to in Beijing, but the fantastic view and ambiance are well worth it. Sadly, it’s still comparable to your average NYC bar prices.

Lastly, your final week in Bejing may coincide with a DJ festival on the Great Wall of China.
This festival is on the grounds of the Great Wall and is an eight hour DJ festival. Most DJs will be of Chinese descent and unknown to the casual electro listener, but the headliner is usually famous - Fat Boy Slim was last summer’s closer. Although the festival might conflict with the last group dinner or may make your race to the airport the next day interesting, to hear the music and light-show play off the Great Wall is an experience that cannot be reduced to words.

All this traveling and site seeing may seem daunting but Beijing has several features that make it all possible. First, the subway fare is 25 U.S. cents to go anywhere. The system is expanding, incredibly clean, on time, and in English. Secondly, a cab’s starting fare is 5 yuan, and goes up in 50 cent increments after the first 2 minutes. Cab fare will never cost you more than $5. Lastly, Beijing is incredibly cheap. Lunch at the school cafeteria is 6 yuan or $1. An average beer, which is a 750ml bottle of Tsingtao costs 15 yuan or $3. Gifts can range from 50 to 200 yuan, or $8 to $30. You will not be spending a lot of money while in Beijing especially if you have any ability to do some haggling.

The only hurdle when traveling in China is the language. Most Chinese people are unable or too shy to speak English. Be prepared to improvise and letting matters just play out. Luckily, the era of smart phones has provided the tourist with a great tool: workable apps that display Chinese characters. Notwithstanding, you’ll find it helpful to learn a few commonly used phrases beforehand, so as to aid you in your travels.

I hope this article minimizes any fear of traveling to a truly foreign country, and encourages you to take a chance to greatly enhance your perspective on one of the fastest rising stars in the international community: China.