Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

The Chinese government's efforts to promote rule of law are significant and ongoing.

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
 
nodular Donating Member (267 posts) Send PM | Profile | Ignore Fri Dec-15-06 08:30 AM
Original message
The Chinese government's efforts to promote rule of law are significant and ongoing.


Source: U.S. Department of State

http://jurist.law.pitt.edu/world/china.htm

"Under the Chinese Constitution, the NPC is the highest organ of state power in China. It meets annually for about 2 weeks to review and approve major new policy directions, laws, the budget, and major personnel changes. These initiatives are presented to the NPC for consideration by the State Council after previous endorsement by the Communist Party's Central Committee. Although the NPC generally approves State Council policy and personnel recommendations, various NPC committees hold active debate in closed sessions, and changes may be made to accommodate alternate views...



"...The government's efforts to promote rule of law are significant and ongoing. After the Cultural Revolution, China's leaders aimed to develop a legal system to restrain abuses of official authority and revolutionary excesses. In 1982, the National People's Congress adopted a new state constitution that emphasized the rule of law under which even party leaders are theoretically held accountable.

"Since 1979, when the drive to establish a functioning legal system began, more than 300 laws and regulations, most of them in the economic area, have been promulgated. The use of mediation committees--informed groups of citizens who resolve about 90% of China's civil disputes and some minor criminal cases at no cost to the parties--is one innovative device. There are more than 800,000 such committees in both rural and urban areas.

"Legal reform became a government priority in the 1990s. Legislation designed to modernize and professionalize the nation's lawyers, judges, and prisons was enacted. The 1994 Administrative Procedure Law allows citizens to sue officials for abuse of authority or malfeasance. In addition, the criminal law and the criminal procedures laws were amended to introduce significant reforms. The criminal law amendments abolished the crime of "counter- revolutionary" activity, although many persons are still incarcerated for that crime. Criminal procedures reforms also encouraged establishment of a more transparent, adversarial trial process. The Chinese constitution and laws provide for fundamental human rights, including due process, but these are often ignored in practice."

Interesting. The Chinese government has at least introduced the principle of a legal system that is pre-eminent over all individuals, including the Party. Is such a system becoming more significant in China today, and can its significance continue to grow?
Printer Friendly | Permalink |  | Top
On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-15-06 10:45 AM
Response to Original message
1. With Capitalism, The Rule of Law Pretty Much Has to Grow
Business will not prosper under an unaccountable government which makes arbitrary decisions. And while the Chinese campaign against corruption has been brutal, it is at least a campaign for something badly needed.

Traditionally, the central government was the source of all power and wealth. The only ways to an affluent lifestyle were to be born into a noble family or pass the civil service exam. Now there are millionaires all over China with their own collective power base independent of the government. As much as the Party might like to control them, its power is offset by economics. Witness the recent struggle between the Beijing and Shanghai factions, with Shanghai representing more commercial interests.

I didn't know all this stuff about the legal system. It's fascinating. And there's a part of Chinese history that supports it. I think Confucius needs to be resurrected to promote good principles of governance.
Printer Friendly | Permalink |  | Top
 
nodular Donating Member (267 posts) Send PM | Profile | Ignore Fri Dec-15-06 08:15 PM
Response to Reply #1
3. I tend to agree, but...
"Now there are millionaires all over China with their own collective power base independent of the government. As much as the Party might like to control them, its power is offset by economics."

I tend to agree and hopefully you are right.

"Witness the recent struggle between the Beijing and Shanghai factions, with Shanghai representing more commercial interests."

Yes. Of course, Beijing won this one hands down. But its early innings.
Printer Friendly | Permalink |  | Top
 
On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-15-06 10:36 PM
Response to Reply #3
4. Maybe the "North Capital/South Capital" Rivalry May Not be the Best Indicator
but rather the central government versus those groups traditionally out of power for various reason.

Some of the greatest panegyrics of capitalism came from Karl Marx. He believed that before the bourgeoisie became the oppressiing class, they did humanity the great service of undermining and ultimately destroying monarchical rule.

Once power comes from multiple sources, stakeholders must seek allies, and the central government cannot simply rule by fiat, China is halfway to democracy.
Printer Friendly | Permalink |  | Top
 
nodular Donating Member (267 posts) Send PM | Profile | Ignore Sat Dec-16-06 10:05 AM
Response to Reply #4
5. Hopefully so. It still amazes me how successful the Chinese
have been so far while retaining the basic Communist form of government. I suppose the Vietnamese have now had a similar type of success (at a lower level).

The Chinese communist have shown tremendous flexibility so far. I see the Shaghai/Beijing conflict as less of a north/south dichotomy than a central/peripheral one. Of course, there is a geographic aspect to it. I suppose such decentalization tendencies have always been in China, though I don't know their history well.
Printer Friendly | Permalink |  | Top
 
Ignacio Upton Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-16-06 10:12 AM
Response to Reply #5
6. They are communist in name only
Not that Maoist communism was any better, but the form of capitalism that China practices isn't far off from fascism: state control of the economy to benefit corporations in the absolute sense. For example, no zoning laws, since the state will shove new building projects down people's throats, since they can.
Printer Friendly | Permalink |  | Top
 
On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-16-06 11:41 PM
Response to Reply #5
7. China Just Has a Strong Central Government
like they've had for over 2000 years. As far as caring for the needs of the average citizen, there's less of a safety net in China than most capitalist countries -- again, a long tradition. For example, even during the cultural revolution, health insurance did not extend to the spouse or family of government employees, even if they were Communist party members.

I have a general impression that Vietnam is more like Cuba, and more attentive to its citizens' needs.
Printer Friendly | Permalink |  | Top
 
KKKarl is an idiot Donating Member (662 posts) Send PM | Profile | Ignore Fri Dec-15-06 10:57 AM
Response to Original message
2. Oh! No
The Bush administration will not stand for it. Their buddies rely heavily on China being communist in nature so they can keep the wage to the minimum. Imagine if those Chinese got a minimum wage? Then Walmart will go out of business.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sat Dec 20th 2014, 01:10 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC