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Human Rights & Social Issues

Rule of law in China a long way away

Chinese symbols for despotism

In China, two well-known sayings make despotic officials very happy.

One is “the heaven is high and the emperor, far away”; therefore even if the central government is good and has formulated good laws, regulations, rules, codes, policies, etc., a despotic official may still do whatever he wants. China is too large and the central government is too far away to be aware of their malpractices; while the God who always upholds justice, is too high away to meddle.

What about an official’s colleagues and superiors? Will his malpractices be exposed by them? He can rest at ease as there is another saying: “Officials shield one another.” That is why even the officials in Beijing quite near the central authority can still safely grab land from common people.

SCMP gives a report entitled “Demolition leaves family scattered, defenceless” on how helpless common people are when their land has been grabbed by the government.

It describes how Huang Gongdao, 63, and his relatives had their home demolished without fair compensation and their possessions robbed by the government during the forced demolition because Huang was detained for 15 days for his resistance against forced demolition.

SCMP says, in order to protect citizens’ rights to their land, “a State Council regulation on home acquisition and compensation which took effect in January last year, states that no home should be demolished before a compensation package is in place. It has largely failed to stop forced demolitions, however, because of the difficulty in holding municipal-level officials accountable. Few homeowners fighting such demolitions can win a court order in their favour because the courts often side with government demolishers and developers.”

China has made great efforts to formulate a complete system of laws and establish a legal profession, but rule of law is still a long way away. The greatest problem is the implementation of law. Without a strong independent legal profession, rule of law is impossible. Chinese courts are not independent from the government but are in fact parts of the government. Lawyers are persecuted if they dare to serve their client in a way that displeases the government.

Hu Jintao and Wen Jiabao advocate “putting the people first”, but most officials want to put the government first. A Shanghai comedian said with great humour said, “My flesh creeps when I hear the word ‘civil servants’ used for officials. What servants? Do servants ride in limousines while the people, their masters, have to ride on buses? Do servants live in luxurious houses while their masters live in simple public housing?”

When will officials cease to be despots? Despotic officials will be punished if there really is democracy and rule of law. Of course, rule of law should be achieved first, because without rule of law, democracy is impossible. China should make long-term efforts to establish rule of law.

Lawyers and judges should strive to achieve independence and parents and schools should educate children with love in a democratic way, instead of Tiger Mom’s or Wolf Dad’s autocratic or despotic way. There is the Chinese saying, “It takes 10 years to grow a tree while it takes 100 years to foster people.”

The establishment of rule of law and democracy in China is a very complicated task. China has to make efforts to accomplish transformation gradually for a few decades. Great patience is indispensable in the process as turning people with a long tradition of despotism and autocracy into the people who cherish the ideal of rule of law and democracy is a very long process.

About chankaiyee2

Author of the book "Tiananmen's Tremendous Achievements" about how with the help of Tiananmen Protests, talented scholars with moral integrity seized power in the Party and state and brought prosperity to China. The second edition of the book will be published within a few days to mark the 25th anniversary of Tiananmen Protests All the parts in the first edition remain in the second edition with a few changes due to information available later and better understanding. There are also some changes for improvements of style. The new parts are Chapters 12-19 on events in China after the first edition was published: The fierce power struggle for succession between reformists and conservatives; Xi Jinping winning all elders’ support during his mysterious disappearance for 2 weeks in early September, 2012; and Xi Jinping Cyclone. Chan Kai Yee's new book: SPACE ERA STRATEGY: The Way China Beats The US An eye-opening book that tells the truth how the US is losing to China. The US is losing as it adopts the outdated strategy of Air-Sea Battle while China adopts the space era strategy to pursue integrated space and air capabilities: It is losing due to its diplomacy that has given rise to Russian-Chinese alliance. US outdated strategy has enabled China to catch up and surpass the US in key weapons: Hypersonic weapons (HGV) that Pentagon regards as the weapon that will dominate the world in the future. Aerospaceplane in China’s development of space-air bomber that can engage enemy anywhere in the world within an hour and destroy an entire aircraft carrier battle group within minutes. Anti-satellite (ASAT) weapons, anti-ASAT weapons, stealth aircrafts, drones, AEW&C, etc. The book gives detailed descriptions of China’s weapon development based on information mainly from Chinese sources that the author monitors closely. U.S. Must Not Be Beaten by China! China is not a democracy. Its political system cannot prevent the emergence of a despotic leader or stop such a leader when he begins to bring disasters to people. A few decades ago, Mao Zedong, the worst tyrant in world history did emerge and bring disasters to Chinese people. He wanted to fight a nuclear war to replace capitalism with communism but could not bring nuclear holocaust to world people as China was too weak and poor at that time. If a despot like Mao Zedong emerges when China has surpassed the US in military strength, world people will suffer the misery experienced by Chinese people in Mao era. China surpassing the US in GDP is not something to worry about as China has the heavy burden to satisfy its huge population, but China surpassing the US in military strength will be world people’s greatest concern if China remains an autocracy. US people are of much better quality than Chinese people. What they lack is a wise leader to adopt the correct strategy and diplomacy and the creative ways to use its resources in developing its military capabilities. I hope that with the emergence of a great leader, the US can put an end to its decline and remain number one in the world. China, US, space era strategy, air-sea battle, space-air bomber, arms race, weapon development, chan kai yee


9 thoughts on “Rule of law in China a long way away

  1. Reblogged this on Chindia Alert: forewarned is forearmed and commented:
    My very own sentiments.


    Posted by keeper @ chindia-alert | June 26, 2012, 10:27 pm
  2. Reblogged this on Carnet Atlantique and commented:
    Intriguing article from our friends at China Daily Mail.


    Posted by Paige | June 27, 2012, 12:26 am
  3. You’ve presented a good illustration that proves many points about uncontrolled governments—always a ‘law unto themselves’ (even the so-called democracies).

    This is why ‘democracy’ as it actually is, both as perceived and practised (often different) is wrong. It is an illusion, a deceit.
    Lincoln defined democracy as “Government of the people, by the people, for the people” and no-one could ask better.

    But what we have in ‘democracies’ worldwide is undeniably “Government of the people, by the party, for the PARTY.” The only exception I can think of is Switzerland which controls its government by Binding Citizens Referendums. If you want freedom, it can only be by having the citizens controlling their government; not by having the citizens elect their dictators.


    Posted by Argus | July 10, 2012, 1:17 pm


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