China Law and Justice System

March 20, 2010

Over the years, I’ve talked to citizens in China and the opinion is that most of the police take their jobs seriously and are honest.  It is also believed that the judges in the court system follow the laws of China and are also honest.  Yes, there is corruption in China even at the highest level, but there is also corruption in America and any other country.

Chart for China's Court System

 

Article 5 of China’s Organic Law states the functions and powers of the people’s procuratorates at all levels as the following:

  1. to exercise procuratorial authority over cases of treason, cases involving acts to dismember the state and other major criminal cases severely impeding the unified enforcement of state policies, laws, decrees and administrative orders
  2. to conduct investigation of criminal cases handled directly by themselves;
  3. to review cases investigated by public security organs and determine whether to approve arrest, and to prosecute or to exempt from prosecution;
  4. to exercise supervision over the investigative activities of public security organs to determine whether their activities conform to the law;
  5. to initiate public prosecutions of criminal cases and support such prosecutions;
  6. to exercise supervision over the judicial activities of people’s courts to ensure they conform to the law;
  7. to exercise supervision over the execution of judgments and orders in criminal cases and over the activities of prisons, detention houses and organs in charge of transformation through labor to ensure such executions and activities conform to the law. source

A Western legal system would not work in China. China’s legal system represents China—not America or another country.

This series of posts about the legal system in China started with Officer in Action

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Lloyd Lofthouse is the award-winning author of the concubine saga, My Splendid Concubine & Our Hart. When you love a Chinese woman, you marry her family and culture too.

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Older than the New Testament

March 20, 2010

A conservative friend once said that Communism was evil and that China needed a proper legal system. Since China already has a legal system, what did he mean?  I’ve known this individual for decades, and I’m sure he meant that China should have a legal system like the one in America or the U.K. After all, he claims scripture guides his life and the Christian Bible has been around for centuries proving it comes from God. There is no other choice.

The problem with that logic is Confucius walked the earth long before Christ, and the New Testament didn’t exist for centuries after Christ was gone. What Confucius taught has been around longer.

What about China’s legal system? The highest agency in China is the Supreme People’s Procuratorate.  This agency is responsible for both prosecution and investigation in the People’s Republic of China.  Similar institutions influence the office of the Procurator in the Socialist legal system. Its direct predecessor in China is the Supreme Court of the Republic of China, which in turn is descended from the Procuratorial Office of the late Qing Dynasty.

China's Supreme Court

The Chinese legal system may have been broken during Mao’s Cultural Revolution but not any longer.  It also appears that China’s legal system is an organic institution capable of change as seen in this piece from the Dui Hua Human Rights Journal.

This series of posts about the legal system in China started with Officer in Action http://wp.me/pN4pY-ho

 


An Invasion of Fat

March 18, 2010

I remember one night when we ate in a Shanghai restaurant and at the next table, this overweight kid, maybe ten, said in a shrill voice, “I hate vegetables. Where’s the meat. I demand more meat.” Then he pounded the table with both fists while his face screwed up in a rage. His mother had an embarrassed look on her face but she didn’t say a word.

The Opium Wars in the 19th century that forced China to open its doors to foreign drug dealers (English, French, American, etc.) and Christian missionaries was nothing compared to the recent obesity invasion. In 2005, it was predicted that 200 million Chinese would be obese within 10 years.

McDonalds has more than 1,100 locations in China.
KFC has more than 2,900 in over 400 cities.
Pizza Hut has about 500.
Starbucks over a 1,000.

China’s bulging middle class has fallen in love with the Western fast food diet and couch potato lifestyle. Those hit worst with the expanding waistline are the pampered single-child generation. More than 11% are reportedly overweight and the number of obese children is rising at the rate of 8% a year. Much of the new fat is in wealthy urban centers such as Shanghai—where the obesity rate among primary school children hit 15.2% last year, according to the state media.

Read Doing Business in China

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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Pearl of China

March 12, 2010

“From the bestselling author of Red Azalea and Empress Orchid comes the powerful story of the friendship of a lifetime, based on the life of Pearl S. Buck.”

“In this ambitious new novel (Pearl of China), Anchee Min brings to life a courageous and passionate woman who is now hailed in China as a modern heroine. Like nothing before it, Pearl of China tells the story of one of the twentieth century’s greatest writers, from the perspective of the people she loved and of the land she called home.” Source Bookbrowse

At Bookbrowse, thirty-five early, reader reviews rated Pearl of China an average 4.5/5 stars.

In the southern town of Chin-kiang, in the last days of the nineteenth century, two girls bump heads and become thick as thieves. Willow is the only child of a destitute local family. Pearl, the headstrong daughter of zealous Christian missionaries, will become Pearl S. Buck, Nobel Prize-winning writer and activist. Their friendship will be tested during decades of great tumult, by imprisonment and exile, bloody civil war and Mao’s repressive Communist regime.

Pearl S. Buck won the Pulitzer Prize in 1932, the Howells Medal in 1935, and the Nobel Prize for literature in 1938.

Read International Women’s Day where Anchee Min was a guest speaker http://wp.me/pN4pY-ft

 


Cults and Christian Cannon Balls

March 11, 2010

Organized religions and cults like the Falun Gong have been in China for centuries, but have never played a major role in the culture until the 19th century when Christianity was forced on China. C.M. Cipolla wrote in his book, Guns, Sails and Empires, “While Buddha came to China on white elephants, Christ was born on cannon balls.”

In the early months of 1900, thousands of Boxers, officially known as Fists of Righteous Harmony, roamed the countryside attacking Christian missions, slaughtering foreign missionaries and Chinese converts.

Confucius and possibly Lao-Tse have influenced the foundation of Chinese culture and morality the most.  These two along with Buddha offer more of a blended influence on Chinese culture than Christianity or Islam. Thanks to Confucius, China’s mainstream culture understands the importance of people within the family and society more so than many other countries and cultures. This may explain why China is a powerhouse of industry today.

Discover  The Man Who Made China

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

Subscribe to “iLook China”!
Sign up for an E-mail Subscription at the top of this page, or click on the “Following” tab in the WordPress toolbar at the top of the screen.

About iLook China