No American-Style Justice for Chinese Quake Victims

One of the time-honored methods American parents have used to encourage persnickety children to ingest peas is by conjuring up images of less-fortunate (“pea-less”) children in China.  Well, here at ThePopTort, we have no intention of forcing unwanted peas on you—but we would encourage you to give thanks this holiday season for an American civil justice system that, while imperfect, is infinitely better than China’s.  Just ask the parents who lost children in the May 12 earthquake that killed or left missing 88,000 people.

On that terrible day, 7,000 classrooms collapsed killing an estimated 10,000 school children.   A group of the surviving parents recently attempted to file suit against government officials and a construction contractor, seeking compensation for the deaths of their children and accountability from those responsible.

The parents had a good case.  A government expert who had been part of a committee charged with investigating the school collapses admitted in a news conference that a rush to build schools “during the Chinese economic boom might have led to shoddy construction that resulted in the student deaths” and that "more than 1,000 schools had one of two major flaws — they were built on the earthquake fault line or they were poorly constructed."

Nevertheless, in legal matters that involve “politically sensitive issues,” Chinese judges and lawyers are reportedly placed under tremendous government pressure to prevent such cases from going forward.  Many of the parents also said they were subjected to “intimidation and financial inducements” to silence them.

Notably, the same kind of political pressure seems to be influencing lawsuits filed by Chinese parents over the Melamine scandal which we've mentioned before, and which poisoned or made ill hundreds of thousands of babies in China.  

While some of these babies’ families may get some compensation, unfortunately, this story ends badly for the earthquake victims.  A court in southwestern China recently announced that it would not accept the case and that the government had issued an internal memo saying such cases were not to be heard.  Thus far, there have been no other official attempts to hold anyone accountable for the children’s deaths.

So, let’s remember that while it may not be perfect, our civil justice system is the best in the world, and one in which we should be very proud—because often, victims here actually do get justice.  Happy Holidays from ThePopTort!

Comments

[Carol Tucker,, MA]

Don't be so naive and kid yourself or be so quick to assume that nothing remotely resembling such injustices occurs in the "good ol' US of A."

In 2004, Florida lawmakers passed unconstitutional legislation charging court fees to the indigent--the only state in the union to do so--and get away with it completely unscathed and unchecked (uh, checks & balances--remember those?) to this very day.

To make matters worse, during a Special Session in January 2009, the Tallahassee "good ol' boys" are planning on raising already exorbitant court fees, which not only lines their coffers--but deliberately prevents countless injustices perpetrated on millions of Floridians--from ever seeing light of day. (Illinois corruption is no more corrupt than Florida, by no means.)

As if that's not bad enough, Florida Governor Charlie Crist and his "cronies" plan on blatantly stealing the Lawton Chiles Trust Fund which was specifically earmarked for social services, and unless the Federal government intervenes, and I have sent an e-mail to the Justice Dept. requesting investigation, then this state-sanctioned crime will also be be gotten away with--scot-free.

You state, "Chinese judges and lawyers are reportedly placed under tremendous government pressure to prevent such cases from going forward. Many of the parents also said they were subjected to “intimidation and financial inducements” to silence them."

The word "Chinese" could very easily be substituted with "American," and the statement would be just as truthful and valid.

The only difference in America, which makes the injustices that much more unconscionable, is that we have a Constitution that clearly states "all citizens have the right to access the courts without sale, denial, or delay."

China may not have a Constitution that promises this right to its citizens, which only proves that we have ceased to be "a nation of laws," and instead, and sadly, " a nation of men,"--corrupt, greedy, ruthless "men."

So-called "public servants" delete e-mails from citizens without reading them (which I immediately post on MySpace, as well as other websites), as has the Committee on Health, Education, and Labor.

It will be interesting to see if the Criminal Division of the Justice Dept. acknowledges and responds to my e-mail.

I am currently circulating a petition at http://www.thepetitionsite.com/1/equaljusticeforall regarding this issue, so I, and the millions of Floridians whose civil and constitutional rights are held hostage, would greatly appreciate your support.

Thank you and Happy Holidays. Peace.