Lawsuits filed in Chinese courts over melamine in milk

The New York Times has now published a couple of stories, here and here, on legal angles related to the latest melamine scandal in China. Edward Wong's story of Oct. 16, 2008, discusses the suits by families whose children were made ill or killed by the tainted milk products. This excerpt focuses on political obstacles to the suits--essentially a lack of respect for the rule of law in China.

Some lawyers and judges are making great efforts in China to establish the power of the courts. Still, courts often remain passive pawns in the party’s efforts to handle big disputes behind closed doors.

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Officials also view high-profile lawsuits as a potential political threat and go to great lengths to silence the plaintiffs rather than allowing the wheels of justice to turn.

Wong reports that officials are putting pressure on judges, lawyers and parents to drop the suits. In spite of these obstacles, Wong's Oct. 30, 2008 story reports that nine more families have filed lawsuits against Sanlu Group. No judge has yet agreed to hear any of the cases.

Wong notes that products liability and class-action lawsuits are rare in China. His story holds out the possibility of some alternative compensation scheme for the families, while noting additional legal and political obstacles to their lawsuits, including onerous rules that deter class-action lawsuits. Wong reports that officials have subtly pressured lawyers, particularly those in Henan Province, not to provide advice or other representation for the victims and their families.