Land Grabs and Murder

A friend and expatriate living in China sent me a link to a piece written by Gillian Wong for her New Witness accounts renew suspicions over Chinese village leader’s gruesome death.

Gillian Wong wrote, “The persisting suspicions about Qian’s death reflect a growing lack of trust in China’s government as rampant corruption and official abuse erode public confidence.”

The language Wong uses to place blame bothers me. What she writes assumes that China’s central government has total control over everything that happens in China, which it doesn’t. China is about the size of the United States with almost five times the population, and most police work and governing takes place at the local level as in the US.

In fact, China couldn’t have joined the World Trade Organization in December 2001 without having a legal system in place similar to most Western democracies, which means this issue of a rural village leader being murdered over a land grab has to be dealt with by China’s infant legal system guided by the laws of China and not the laws of another country like the United States.

And this means criminals often go free—for instance, like in the United States. If the evidence and witnesses do not exist, no one is punished. The old days of Chinese officials rounding up the accused and executing them without evidence and a proper trial are supposed to be over.

For example, in 1973, Al Pacino played the part of an honest real-life New York cop, Frank Serpico, who blew the whistle on corruption in the city police force only to have his comrades in police uniforms turn against him. Pacino’s film was based on a true story.

The US even has a witness protection program to protect the lives of innocent people from criminals that want to erase all evidence against them even if it means murdering witnesses

I’ve written about corruption in China before and what is being done about it. What the West considers corruption in China and all of Asia was a way of life for several thousand years. The old ways of doing things do not change instantly just because a foreign legal system and new laws are created.

To allow this new legal system to work, the slow wheels of justice must be allowed to turn and that doesn’t guarantee that justice will be served. If you believe China is doing nothing about crime and corruption, then I suggest you read What China’s Anti-Corruption Investigation Means For International Business from Forbes.

Another American movie, Walking Tall, was also based on the true story of honest Tennessee sheriff Buford Pusser, who almost single-handily cleaned up his small town of crime and corruption, but at a horrible price, and he nearly lost his life as Serpico did.

No, I refuse to blame that rural village leader’s death on China’s central government, and I cannot expect Beijing to send in the teenage Red Guard goon squad, which doesn’t exist anymore, as Mao would have done during the Cultural Revolution to punish everyone accused of a crime, even innocent people, without evidence as defined by China’s new legal system.

Gillian Wong also says, “Qian’s death is the latest violent incident to touch a nerve among the Chinese public, angry over official corruption and abuse of power, including unfair seizure of farmers’ land for development…”

Wong’s statements make it sound as if the land belongs to the farmers. It doesn’t.

In fact, the land the farmers work belongs to the collective and the government but not individuals. In fact, even the title to urban homes individuals buy in cities clearly says that all the land belongs to the government. It’s more of a long-term lease.

How do you measure fair compensation of land that never legally belonged to the farmers in the first place?

Before 1949, most rural land belonged to a small number of wealthy landowners. In fact, the ancestors of the peasant farmers working the land today were tenant farmers that paid rent to the real landowners, who often abused the peasants.

After winning the Chinese civil war, Mao allowed the peasants to punish many of the original landowners and almost one million were found guilty and executed.

Correct me if you have other “facts”, but most of China’s rural farmers have worked the land free for about sixty years with no rent, no mortgage and no property tax.

As for murder, with a Western style legal system and no witnesses willing to step forward, there is no case. The main character of My Splendid Concubine wrote in one of his journals that in China the innocent were often punished along with the guilty while in England the criminals often went free and there was no justice for the victims. What does that mean for China now that it’s developing a Western style (capitalist) legal system?

Then there is the law of eminent domain. “The power of the government to take private property and convert it into public use. The (United States) Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.”  – Cornell University Law School

What about China? – An Analysis of the Conflict in Chinese Property Law: Eminent Domain Powers versus Real Property Rights

______________________________

Lloyd Lofthouse is the award-winning author of My Splendid Concubine [3rd edition]. When you love a Chinese woman, you marry her family and culture too. This is the lusty love story Sir Robert Hart did not want the world to discover.

#1 - Joanna Daneman review posted June 19 2014

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