The Double Standard of Blind Justice – Does it apply in China?

April 23, 2014

First, to keep this issue in perspective: USA Today reported (back in November 2013) that “Fatal hit-and-run crashes on rise in U.S.”

USA Today said, “Crash data from the National Highway Traffic Safety Administration show that the number of fatal hit-and-run crashes (this means someone was killed) is trending upward, from 1,274 in 2009, to 1,393 in 2010, to 1,449 in 2011, the most recent year for which statistics were available.”

Now to China (which usually gets roasted in the US media without any balance or perspective)—ChinaSMACK said a foreigner driving drunk and without a license, hit a 23-year old Yiwu girl crossing a street in a crosswalk.

If you believe the Chinese media is completely controlled and censored, you may be surprised to learn that ChinaSMACK is a daily-updated collection of translated Internet content from the Chinese-language Internet.

ChinaSMACK (launched in 2008) covers stories, pictures, videos, and topics that have become very popular and have spread across China’s major BBS forums, social networking websites, or through forwarded e-mails sent between normal Chinese people every day.

ChinaSMACK attracts millions of visits and page views each month featuring a vibrant community of commenters.

ChinaSMACK did not identify the foreigner (laowai), who was driving drunk without a license. The victim was thrown over 20 meters (more than 65 feet), and she died in the hospital.

The laowai sped away from the scene to avoid being caught, but the Chinese police tracked him down and arrested him. The victim’s family is poor and her father died three years ago.

The first two comments to the ChinaSMACK post said, “If you had hit a person, you too would be arrested and administratively detained first and then what should be done will be done. Laowai cannot escape Chinese legal punishment.”

“Our country’s criminal law does not put foreigners outside of our country’s criminal law. As long as the foreigner does something that matches a crime in our country’s criminal law, then the foreigner cannot escape the criminal laws punishment.”


This news clip talks about drunk driving and hit-and-run accidents in China

The next story is about the killing of a 20-year-old college girl in another hit-and-run.  When confronted, it was reported that the drunk driver (Li Qiming) yelled, “My father is Li Gang!” Li Gang was a high-ranking police officer and a member of the Communist Party. The victim was the daughter of a 49-year-old peasant from rural China.

The father of the victim said in an interview, “I’m just a peasant.  If it is unfair, let it be.”

However, an angry Chinese public on the Internet overruled the victim’s father and refused to “let it be.”  Although there have been many hit-and-run accidents in Hubei province, there was anger at China’s powerful elite and the arrogance of some children of money and power.

If you want to learn more about the rich, powerful and famous escaping punishment for horrible crimes, read Celebrity Justice: Prison Lifestyles of the Rich and Famous.

Matt Clarke writes: “There are two criminal justice systems in the United States. One is for people with wealth, fame or influence who can afford to hire top-notch attorneys and public relations firms, who make campaign contributions to sheriffs, legislators and other elected officials, and who enjoy certain privileges due to their celebrity status or the size of their bank accounts. The other justice system is for everybody else.”

And then ask: Is there a difference between China and America when it comes to justice for the rich and famous?

You be the judge: In January 2011, Li Qiming was arrested for the hit and run and sentenced to six years in jail and ordered to pay the equivalent of $69,900 in compensation to the family of Chen Xiaofeng. Li was also ordered to pay $13,800 to the injured woman.

In addition, to crack down on corruption, in 2004, the CCP enacted strict regulations on party officials assuming positions in business. In 2009, for instance, 106,000 CCP officials were found guilty of corruption, an increase of 2.5% from the previous year.

How about the United States? During the entire eight years of George W. Bush’s presidency, for instance, one member of his White House staff was convicted of obstruction of justice and sent to prison, but Bush commuted the sentence. In Congress, during that time, three Democrats and five Republicans were convicted of crimes of corruption. Meanwhile, the average wealth of members of the U.S. Senate went from $1.5 million in 2004 to $2.6 million by 2010 with a slight setback during the 2007-08 global financial crises that was caused by corruption on Wall Street and from U.S Banks thanks to legislation overwhelmingly passed by Congress during the Clinton presidency. And former Vice President (2001 – 2009) Dick Cheney’s Halliburton made $38.5 Billion off the Iraq War. When Cheney became vice president under Bush, he was given a $34 million dollar bonus from Halliburton.

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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 love story Sir Robert Hart did not want the world to discover.

His latest novel is the multiple-award winning Running with the Enemy.

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China’s Holistic Historical Timeline


Journalists and Jail Time

September 22, 2010

China isn’t the only country where reporters go to jail.

In September 2006, the San Francisco Chronicle reported that two Chronicle reporters were sent to prison for as long as a year and a half for not revealing their sources.

In July 2005, Judith Miller, a Pulitzer Prize winning American journalist, who worked for the New York Times at the time, was jailed for contempt of court for refusing to testify before a federal grand jury.

In fact, the First Amendment Center has a list of U.S. reporters who have gone to jail. 

The first case was in 1848 when a Senate committee confined John Nugent, a correspondent for the New York Herald.


An example of how one law is different around the world.

Then between 1848 and 1897, there were five more cases.

Starting in 1911 and through the 20th century, the “free” press in America had more than 30 collisions with the law.  

I stopped counting at thirty.

When I started to research the China side of this topic, I learned that Yahoo’s Hong Kong office helped China catch journalist Shi Tao for “divulging state secrets”.  Shi Tao was sentenced to 10 years in prison. Source: BBC

In fact, The Committee to Protect Journalists reported that in 2008, 125 journalists went to prison around the globe. Twenty-eight were in China.

 China’s laws and sentences tend to be longer and harsher, but China does not have America’s legal system or Constitution, which were designed to protect American citizens from the government and criminals in the U.S. – not China.

Every country has different penalties for crimes.  For example, what is the worst that could happen if you were caught in Turkey with illegal drugs?  Up to 20 years in prison.

However, in Singapore and Thailand, there is a death penalty for this crime. Source: Drug laws abroad

See Growing China’s Legal 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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Far from the Facts

June 29, 2010

Due to a China Law Blog post, I spent the better part of an hour hunting for a quote from Sir Robert Hart where he compares China and England’s legal systems in the 19th century. In the quote, which I couldn’t find, Hart points out that the British and Chinese legal systems differ because of culture—one is based on the individual and China’s is not.

Robert Hart's statue in Shanghai (1913 - 1942)

In I Wish All China Could be California Girls, Dan Harris (China Law Blog) mentions a post I wrote, Belching for China, and then he takes the topic further. Harris writes, “I agree with iLooks overall premise, but I am not so sure Hindrey’s article is the right one on which to go off, because it is neither simplistic nor jingoistic…”

To make his point, Harris provides better evidence written by a personal Injury lawyer, William Marler, who feels that China needs a few good lawyers and a legal product liabilty system similar to the US.

That is the last thing China needs. In my “opinion” many of America’s problems stem from a lottery ticket mentality and bumper stickers saying, “Go Ahead and Hit Me and Make My Day.”

Marler writes that executing a top food-safety official in China for taking bribes is not the way to solve problems in food safety. What Marler doesn’t understand is that removing a rotten egg from the carton is sending a message to the Chinese and they get it. The Chinese have punished convicted criminals like this for more than two thousand years—far longer than any Western culture. In fact, today’s China is far less brutal since 1976.

To strengthen his point, Harris uses evidence from Stan Abrams at China Hearsay, another lawyer who chastises Marler for getting his facts wrong.  

What I learned from Harris and Abrams was that people like Marler and Hindrey and their stereotypical “opinions” about China are examples of what many in America believe, which is usually far from the truth.

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Lloyd Lofthouse,
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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