Back to RJ Archive

China’s apologetic justice: Lessons for the United States?

Nguyen, Xuan-Thao
June 4, 2015

Source: (2014) Columbia Journal of Race and Law. 4(2):97-128.

Many scholars have criticiZed Congressional apology resolutions for slavery as inadequate and ineffective.
Ironicaljy, Congress may look to China’s apoogetic justice in intentional intellectual property
infringements to learn valuable lessons about apologies and how to incorporate them into righting wrongs.
China requires that the wrongdoer who intentionaly harms or infringes the intellectualproperty rights of
another make a public apology in a newpaper or trade journal, in addition to stopping the harm and
paing for compensatory damages and costs. If the wrongdoer does not time-y make the public apology, the
infringed party will draft and publish the public apology in the wrongdoer’s name and charge the
associated expenses to the wrongdoer. Again, the public apology is in addition to, not in lieu of,
injunctive relief and damages. If Congress approaches apology resolutions to slavery in a similar waj to
what China has done for remedies in intentional intellectual property infringements, Congress will
adequately addess scholars’ criticisms. (author’s abstract)


AbstractAsiaRJ in Schools
Support the cause

We've Been Restoring Justice for More Than 40 Years

Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.

Donate Now