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


China’s Legal System in Flux: Part 1/2

April 29, 2013

Since China’s first emperor, Qin Shi Huangdi (259 – 210 BC), a legal system was established that was relatively modern and forward-looking. Trained administrators were sent across the country to govern by statute. What was right and what was wrong was not subject to the whim of erratic autocrats or juries. Source: Anthropologist in the Attic

In general, ancient China’s legal system attempted to enforce filial piety, to uphold the respect of family ancestors, to avoid legal action when possible, to create deterrents to actions and to “control outbursts” (which may explain why China locks up democracy activists because they are shaking the boat). Source: Kwintessential.co.uk

No matter how much Westerners may disapprove of China’s ancient legal system, it had the acceptance of most Chinese because they understood the traditions behind the laws.


In May 2006, a short documentary of China’s changing legal system was produced.

As part of its economic reforms and policy of opening to the world, between 1980 and 1984, China established special economic zones in Shantou, Shenzhen, and Zhuhai in Guangdong Province and Xiamin in Fujian Province and designated the entire island province of Hainan a special economic zone.

Many of China’s new laws were written after this happened.

The rapid growth in industry led to a large number of work related injuries. For example, In 1998, there were over 15,000 serious work related injuries and industrial accidents.

Zhou Litai, a Chinese lawyer, arrived in Shenzhen in 1995 to work on worker’s compensation cases. He says there are three reasons behind worker’s compensation cases in China.

1. The facilities are old and outdated. Some of the equipment was used in Taiwan, Hong Kong or Korea 20 years ago.

2. The workers don’t get the necessary training before they start work.

In fact, Zhou Litai says, “The government has clearly regulated that workers need to be trained before starting a new job, and working permits are required.”

3. The worker’s health deteriorated due to working overtime on a regular basis.

4. The government control isn’t strict enough (For more than two millennia the legal system avoided legal action when possible).

Many Western legal concepts are foreign to Chinese culture, and “thanks to China’s economic development, the commercial law in China is far more developed than other aspects of the legal system.” Source: Ultravires

Continued on April 30, 2013 in China’s Legal System in Flux: Part 2

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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.

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China’s Evolving Legal System – Part 1/2

December 7, 2010

Since China’s first emperor, Qin Shi Huangdi (259 – 210 BC), a legal system was established that was relatively modern and forward-looking. Trained administrators were sent across the country to govern by statute. What was right and what was wrong was not subject to the whim of erratic autocrats or juries. Source: Anthropologist in the Attic

In general, ancient China’s legal system attempted to enforce filial piety, to uphold the respect of family ancestors, to avoid legal action when possible, to create deterrents to actions and to “control outbursts” (which explains why China locks up dissidents and others). Source: Kwintessential.co.uk

No matter how much Westerners may disapprove of China’s ancient legal system, it had the respect of the Chinese people because they understood the traditions behind the laws.


In May 2006, a short documentary of China’s changing legal system was produced.

As part of its economic reforms and policy of opening to the world, between 1980 and 1984, China established special economic zones in Shantou, Shenzhen, and Zhuhai in Guangdong Province and Xiamin in Fujian Province and designated the entire island province of Hainan a special economic zone.

Many of China’s new laws were written after this happened.

The rapid growth in industry led to a large number of work related injuries. For example, In 1998, there were over 15,000 serious work related injuries and industrial accidents.

Zhou Litai, a Chinese lawyer, arrived in Shenzhen in 1995 to work on worker’s compensation cases. He says there are three reasons behind worker’s compensation cases in China.

1. The facilities are old and outdated. Some of the equipment was used in Taiwan, Hong Kong or Korea 20 years ago.

2. The workers don’t get the necessary training before they start work.

In fact, Zhou Litai says, “The government has clearly regulated that workers need to be trained before starting a new job, and working permits are required.”

3. The worker’s health deteriorated due to working overtime on a regular basis.

4. The government control isn’t strict enough (For more than two millennia the legal system avoided legal action when possible).

Many Western legal concepts are foreign to Chinese culture.

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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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Growing Cautiously Into a Modern Republic – Part 5/7

October 24, 2010

In Part 6, I provided evidence that China is making progress at improving the integrity of its government and legal system.

Returning to the topic of literacy, why would China improve the literacy rate if the government didn’t want to become a republic since illiteracy is the greatest tool of a dictator?

Illiterate people are easier to brainwash, fool and control.

Imagine the effort to raise literacy from 20% in the late 1970s to more than 90% today. Then give birth to a legal system that China has never had before. Source: History of Literacy in China

Why waste this time if the goal wasn’t to build a republic with more freedom for the people?

In addition, China rebuilt all of its major cities, took an electrical grid in 1950 that produced a half megawatt of electricity in a few cities and spread that system over a country about the size of America in a few decades to serve a population of 1.3 billion people.

In comparison, the electrical grid in America took “much” longer to build.

Experts say that the growth that has taken place in China in the last three decades has never happened before in the history of global civilization.

If China wanted to stay a totalitarian government, why bother? 

After all, North Korea lives in a state of never ending Cultural Revolution. The people starve and have few freedoms. Why not copy them? Yet, after Mao, the Chinese repudiated Revolutionary Maoism and opened China to world trade. In fact, China is buying food from all over the world to make sure the people do not starve.

Today, millions of mainland Chinese are global tourists spending billions of dollars in European democracies and in the U.S.  There are also about one hundred thousand Chinese students in U.S. colleges and universities exposed to American ideas and democracy. 

Shouldn’t China’s leaders be worried about this exposure to democracy or is it possible this is what the Party wants?

Return to Growing Cautiously Into a Modern Republic – Part 4

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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.


Cultural Differences and China’s Changing Laws

September 27, 2010

A colleague and friend sent me a link to a post about a Chinese blind activist lawyer released from prison. Isolda Morillo, for the Associated Press, wrote the post that appeared on CBS.com.

Chen Guangcheng was the blind lawyer. In 2006, he was sent to jail after documenting forced late-term abortions and sterilizations and other abuses in his rural east China community.

Morillo wrote that Guangcheng was an “inspirational figure to others in China”.

According to the AP reporter, Guangcheng is under house arrest and, along with his family, is watched closely.  The piece points out how horrible he was treated by Chinese authorities.

One fact stood out, “He expanded his activism after hearing complaints from people living in nearby villages that family planning officials were forcing women to have late-term abortions and sterilizations to enforce the government’s one-child policy.”

I’m sure there will be people who will see me supporting China’s government when I do not condemn China for how Guangcheng was treated.

With more than 1.3 billion people and only 16% of the land capable of growing food crops and a looming shortage of fresh water, China is facing a possible melt down in a few decades that could dismantle all the progress made since the 1982 Constitution.

To understand China better, it would help to learn that China’s legal system is reinventing itself.

Up until 1911 when the Qing Dynasty collapsed, Chinese law leaned heavily toward Legalism influenced by Confucianism.

Near the end of the Qing Dynasty, efforts were made to reform the law by mainly importing German codes with slight modifications.

After 1911, the Nationalists continued this effort. When Mao and the Communists came to power in 1949, the ranks of intellectuals and legal professionals was devastated during the purges. A Soviet-style legal system was then adopted but that system suffered due to political turmoil that ended with the Cultural Revolution.

It wouldn’t be until 1982, that the idea of individual rights would reemerge as a signify influence on Chinese Law. Even then, business law developed much faster than civil law, which is the laws of a state or nation that deals with the rights of private citizens.

In an interview with James Zimmerman, about China’s Changing Legal System, Megan Rhodes wrote, “China is transforming its legal system at an amazing rate.” 

When Rhodes asked Zimmerman if foreign law has influenced Chinese law, he answered “Yes, absolutely.”

At the end of the interview, Zimmerman says, “China is going through remarkable times, and should be proud of its ongoing judicial and legislative reforms. It has developed—and continues to develop—a legal system from scratch in just over 30 years.”

American law also evolved and reading Law and History: The Evolution of the American Legal System might give you a better understanding of what is going on in China. 

In 1783, America signed a peace treaty with the British Empire and the U.S. officially became a nation state. However, slavery wouldn’t be abolished for eighty-two years in 1865, after the bloody American Civil War.

In addition, women in America even after the Civil War, were still second-class citizens. Source: Women’s history in America

Forms of child labor, including indentured servitude and child slavery, have existed throughout American History. In fact, it wasn’t until 1938 that the US had, for the first time, Federal regulations for minimum ages of employment and hours of work for children. Source: Child Labor in U.S. History

Then Congress passed the Civil Rights Act in 1964 and the Voting Rights Act in 1965.

China has had about thirty years to change since 1982 while America took 182 years to cover the same ground. However, there may be another reason why the American media and so many Americans condemn China so often, and that can be explained by the history of Discrimination Against the Chinese in America. Maybe that discrimination is not dead yet.

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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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