Flexible China – Inflexible America

April 1, 2010

Imagine a piece in the Op-Ed section of the NY Times, a media bastion for liberal democracy, saying China is more open to change than the United States.

“China may be more open to fundamental political reform than the United States. Since the rule of law in America is based upon the notion that the state itself is constrained by a body of pre-existing law that is sovereign, any thought of rewriting the Constitution is anathema.” Source: The Fault Lines of Democracy

Changes in the United States often end up mired in partisanship between the two major political parties. Consider that the Equal Rights Amendment (proposed in 1921) in America still is not part of the Constitution. The movement to gain freedom for women started in 1841 while changes in China to improve women’s lives started in 1949, when Mao said, “Women hold up half the sky.”

Consider that the juvenile justice system in China is considering changes after a delegation from China came to America to examine what the United States juvenile justice system was like.

Discover more about China Law and Justice System

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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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Leave a Comment » | America, American culture, China, Chinese Culture, Chinese history, Confucianism, government, legal system, politics | Tagged: , , , , , , , | Permalink
Posted by Lloyd Lofthouse

Peter Hessler, an expatriate, on China

March 30, 2010

Peter Hessler is a Beijing correspondent for the New Yorker. He has lived in China for fifteen years. After leaving the Peace Corps, Hessler freelanced for Atlantic Monthly and the New York Times before returning to China in 1999 as a Beijing-based freelance writer.

I agree with Hessler when he said in a CNNGo interview, “People in China are not forthcoming like Americans; they don’t like to tell you their personal story. It’s a type of modesty, I think, in a culture where people are not encouraged to see themselves as the center of the universe.”

I have an American born-again Christian friend who has bragged about Christianity being the fastest growing religion in China. I wonder what he’d say if he read what Hessler had to say here, “The Chinese relationship with religion is pragmatic and fluid; people often change their faith very quickly. And I don’t see them following religion to a degree where it’s clearly not in their self-interest….”

On happiness, Hessler says, “At this particular moment I think that Americans…might be less happy than Chinese people. The Chinese can roll with the punches…. Everybody in China has seen ups and downs; if they get laid off from the factory, they just go back to the village and play mah-jong….”

Discover The Influence of Confucius

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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.

If you want to subscribe to iLook China, there is a “Subscribe” button at the top of the screen in the menu bar.

2 Comments | America, American culture, China, Chinese Culture, Christianity, Confucianism, expatriates | Tagged: , , , , , , , , , | Permalink
Posted by Lloyd Lofthouse

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.

If you want to subscribe to iLook China, there is a “Subscribe” button at the top of the screen in the menu bar. 

2 Comments | China, Chinese Culture, Chinese history, Christianity, Confucianism, legal system | Tagged: , , , , , | Permalink
Posted by Lloyd Lofthouse

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

 

Leave a Comment » | China, Chinese Culture, Chinese history, Christianity, Confucianism, legal system | Tagged: , , , , , , , | Permalink
Posted by Lloyd Lofthouse

A Global Misunderstanding

March 20, 2010

“There is nothing wrong with thanking your father and mother, but you should thank your country first,” Yu Zaiqing, China’s State Sports deputy director said. “You have to put the country ahead of your parents.” Source: Vancouver Sun

Yu Zaiqing

What Yu probably meant was “community” instead of “country”. The rest of the piece in the Vancouver Sun goes on with more examples of wrong thinking (by Western standards) from Chinese officials. I disagree with the opinions of the journalist, who wrote the piece, Aileen McCabe, Canwest News Asia Correspondent. Her ignorance of Chinese culture shines.

The reason I disagree is because of Confucius (551-470 B.C.E.), who is considered the founder of China’s ethical and moral system based on the family and his Five Great Relationships. These values have been learned from the family and the community for more than two millennia.

1. between ruler and subject
2. father and son
3. husband and wife
4. elder and younger brother
5. friend and friend

Did you notice the first of Confucius’s relationships? There’s a reason it is number one. Is China supposed to throw out its two thousand years of behavior and thought because a foreigner does not approve?

The first post in this series about Chinese law was Officer in Action http://wp.me/pN4pY-ho

 

1 Comment | China, Chinese Culture, Chinese history, Confucianism, family values, legal system, media, politics | Tagged: , , , , , , , | Permalink
Posted by Lloyd Lofthouse

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