Crime and the Law – Thirty Years in China

November 17, 2010

A discussion at the China Law Blog launched my investigation of crime and corruption in China. This post is one of several on this topic as a response to a few stereotypical comments at the China Law Blog discussion such as:

amp 5 said, “I’ve also asked my Chinese friends about this and the answer I usually get is along the lines of ‘The CCP is our version of the mafia’.”

Sun Kim said, “Ragtag groups that undoubtedly operate with the unspoken approval of the provincial government and/or the CCP as they ultimately help support the economy, albeit in shady terms.”

Rui Ramosu said, “The difference being, as someone above quite cogently noted, is that the government is ultimately able to control the organized crime, but turns a blind eye to it as long as it stays under control.”

James G said, “And China hasn’t really done a good job of eliminating organized crime. They have done a superb job or hiding it from foreigners, though.”

In fact, these comments are all wrong and are perfect examples of ignorant people parroting the Sinophobia and fear of Communism that exists in America and other Western nations.

Soon after 1949 until 1982, China was drug free and had to deal with few of the crimes that have plagued America and other nations for centuries.

It wasn’t until China opened its doors to world trade in the early 1980s that organized crime and corruption returned to China on a large scale.

Thirty years later, China’s growing legal system and police now deal with prostitution, gambling, drugs and all the rest just as the US and other nations in the free world have done for centuries.

In the last decade since my first trip to China, I’ve discovered that greedy individuals and groups in the smaller cities and remote provinces conduct most of the serious crime in China.

Since the Communist Party has more than 70 million members, it makes sense that some will be involved in illegal activities and thousands have already been convicted and dealt with.

China’s infant legal system was first launched in the early 1980s in Beijing, Shanghai, Guangzhou (Canton) and other major cities. From that start, the legal system has slowly spread to the remote areas of China.

One step toward developing a modern police and legal system happened in 1984 when China became a member of Interpol, and Mr. Zhu En Tao, a member of the Communist Party of China, was appointed Deputy Director of the China Centre, Interpol.

Here are a few examples that show what China is doing to combat crime and corruption in China and internationally.

China has executed 72 people over the past week for drug trafficking offences…. Source: Independent.co.uk, June 2000

In 1994, New York resident Nguyen Hao Duc allegedly planned in cold blood, then carried out the murder of two innocent young men as part of a narcotics conspiracy. He then fled, settling eventually in the Pearl Delta area of Guangdong Province and supported by associates in the United States who sent him monthly living expenses.…

Based on information provided by the FBI to the Chinese officials, Nguyen was located…. In short order, officers of Guangdong’s Public Security Bureau arrested him in the town of Jiangmen, predicated on a Foreign Police Cooperation request made by the FBI Legal Attaché stationed in Beijing.

Then, on July 20, 2003, officers of the Ministry of Public Security transferred custody of Nguyen to two FBI Agents and a New York Police Detective, and Nguyen returned this month to the United States to face trial. Source: FBI.gov, July 2003

China has been active in seeking international cooperation in the fight against corruption. Since 1998, Chinese prosecutors have captured a total of about 70 criminal corruption suspects from abroad through legal assistance channels with foreign countries… Chinese police have also seized more than 230 Chinese criminal suspects from more than 30 countries and regions during the 1993 to January 2005 period with the help of Interpol, the international police body. Source: Asia Times, Oct. 29, 2005

China’s anti-drug efforts in the past year resulted in the cracking of several key transnational drug trafficking cases and the planting of opium replacement crops in the “Golden Triangle” areas, China’s police said.  Source: People’s Daily, November 22, 2006

Almost 800 illegal gambling dens in China, Malaysia, Singapore and Thailand were raided in one of Interpol’s biggest co-ordinated crackdowns. Cars, bank cards, computers and mobile phones were also confiscated. The dens handled more than $150m in bets, Interpol said. Source: Guardian.co.uk, July 2010

Between 2001 and 2005, Chinese police opened more than 28,000 trafficking cases, the Chinese government arrested more than 25,000 suspected traffickers, and rescued more than 35,000 victims. During 2006, China police investigated 3,371 trafficking cases; provincial governments rescued 371 victims and arrested 415 traffickers. China also cooperated with Vietnamese, Thai and Burmese authorities to rescue victims. Source: Human Trafficking.org

Discover more about 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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Dictatorship Defined

April 7, 2010

There is so much misleading information on the Internet and from the Western media regarding China that it boggles the mind. For example, China’s President is listed as a dictator but by definition, he cannot be a dictator.

Dictatorship: 1) government by a ruler who has complete power 2) a country that is ruled by one person who has complete power (source: Longman Advanced American Dictionary)

Chinese Constitution: Article 1

Article 1. The People’s Republic of China is a socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants. The socialist system is the basic system of the People’s Republic of China. Sabotage of the socialist system by any organization or individual is prohibited. Source: Chinese Constitution

I asked my wife, “How can China use the term dictatorship in Article 1 if China isn’t ruled by a dictator?”

She replied, “In Chinese, ‘people’s democratic dictatorship‘ means the people have the power. It’s a translation error.”

I then Googled dictatorship and discovered Parade’s Annual list of…the World’s 10 Worst Dictators.

Parade’s definition of a dictator says, “A ‘dictator‘ is a head of state who exercises arbitrary authority over the lives of his citizens and who cannot be removed from power through legal means.” Hu Jintao, China’s president, was number six on Parade’s list, but the claims used to include Hu Jintao are wrong.

Presidents Hu Jintao and George Bush

For example, Parade claims that at least 400,000 residents of Beijing were forcibly evicted from their houses prior to the 2008 Olympics. That’s not true—the people sent from Beijing before the 2008 Olympics was transient labor and did not have residence cards and could not own property in Beijing. They were not legal residents and many transient laborers in China rent rooms shared with others in a communal environment crowded with bunk beds crammed in every possible space—like a military barracks. I know, because I’ve seen places like this in Shanghai. I also learned that the government paid for the transportation costs.

The reason Beijing sent those people away was because some were from Tibet and Xinjiang and may have been separatists, who might have staged protests to embarrass China—something the Chinese government avoids like the plague. The truth is, those people were sent home to their villages and were allowed to return to work after the Beijing Olympics. For them, it was like a vacation. Most also return to their villages during the Chinese New Year to be with their families because that’s where their homes are.

Since the Chinese Constitution rules China, Hu Jintao does not exercise arbitrary authority over the lives of his citizens. In fact, I doubt if he makes any legal decisions since the Chinese Constitution puts that power in the hands of China’s legal system. Discover more at China Law and Justice System

Parade is also wrong that China’s president cannot be removed from power through legal means.

Article 79 says, “The term of office of the President and Vice-President of the People’s Republic of China is the same as that of the National People’s Congress, and they shall serve no more than two consecutive terms.”

Article 59. The National People’s Congress is composed of deputies elected by the provinces, autonomous regions and municipalities directly under the Central Government, and by the armed forces.

Article 63. The National People’s Congress has the power to recall or remove from office the following persons:

(1) The President and the Vice-President of the People’s Republic of China;

(2) The Premier, Vice-Premiers, State Councillors, Ministers in charge of Ministries or Commissions and the Auditor-General and the Secretary-General of the State Council;

(3) The Chairman of the Central Military Commission and others on the commission;

(4) The President of the Supreme People’s Court; and

(5) The Procurator-General of the Supreme People’s Procuratorate.

Discover Stereotypes and/or The Failure of Multiculturalism in the United States

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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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