Is China a Republic? – Part 4/4

January 25, 2012

In China, the power of legislation is not held by a single power organ or one particular person.

China’s legislative power is carried out by two or more power organs, which means the country has multi-legislative powers, including at national level, that for administrative laws and local laws, each subject to different organ authority.

However, unlike the United States, the structure of China’s government is not one of checks and balances, where the legislation, administration and court stand independently to restrain one another, but more like the democratic parliamentary system [seventy-seven countries such as the UK, Spain, Canada, Germany, Thailand, Japan, etc.] which also offers few effective checks and balances so China is not alone in this regard.

The National People’s Congress and its Standing Committee make state laws; the State Council and its relevant departments draw specific regulations respectively; and relevant authentic organs of ordinary localities and governments formulate local regulations.

China’s current legislation structure is deeply rooted in the specific conditions of the nation. First, China is a country where the people are their own masters, so laws should reflect their will [should does not mean the will of the majority automatically leads to new laws—that is what happens in a true democracy but not in a republic].

Then on December 31, 2011, in another post, I had this comment from Alessandro about China’s political system.  He is an Italian married to a Chinese citizen, and they live in China.


Online Democracy in China

Are Chinese citizen entitled to vote?

“Yes,” Alessandro said, “my wife and her family just did it less than a couple of months ago.

“Was that how the communist party’s secretary Hu Jintao got his position?

“Yes,” Alessandro said, “Hu Jintao was voted in by the people entitled to do that, the National People’s Congress (全国人民代表大会), which in turn has been elected by the people’s congresses of the lower level, and so on down to the lowest levels.

“At a grassroots level in villages, village chiefs are directly elected by the residents. That is how the people’s congresses system works…

“People directly elect the people’s congresses at the local level, which in turn elects the congresses of the superior level, to arrive at the top level (after scrutiny and evaluation of their preparation by their peers).”

Before you judge China, and answer the question, “Is China a Republic?” here are a few definitions of dictatorship.

According to Webster’s Online Dictionary.org, a dictatorship is an autocratic form of government in which the government is ruled by a dictator. In contemporary usage, dictatorship refers to an autocratic form of absolute rule by leadership unrestricted by law, constitutions, or other social and political factors within the state.

In fact, a dictator is a ruler with total power over a country, typically one who has obtained control by force. Source: Oxford Dictionaries.com

People’s democratic dictatorship [sounds like an oxymoron] is a phrase incorporated into the Constitution of the People’s Republic of China by Mao Zedong. The phrase is notable for being one of the few cases in which the term dictatorship is used in a non-pejorative manner, which means not in a negative, disparaging or belittling manner.

By saying “People’s Democratic Dictatorship”, the CCP meant that the people rule. However, that would be incorrect since even in all three types of democracies, the people do not rule. The people elect those that rule—well, at least some or most are elected.


PBS Documentary: China from the Inside (Power and the People)

Over at William Meyers.org, you may learn more about how the United States was born as a republic and over the course of one hundred and fifty years, step-by-step, became what Meyers calls a “true representative democracy”.

Meyers says, “Democracy means rule of the people. The two most common forms of democracy are direct democracy and representative democracy. Representative democracies are, therefore, a kind of republic. Self-appointed governments such as monarchies, dictatorships, oligarchies, theocracies and juntas are not republics. However, this still allows for a wide spectrum.

“The classic is the Roman Republic, in which only a tiny percentage of citizens, members of the nobility, were allowed to vote for the Senators, who made the laws and also acted as Rome’s supreme court.

“Most people would say that Rome was a Republic, but not a democracy, since it was very close to being an oligarchy, rule by the few. Although the Roman Republic was not a dictatorship (until Augustus Caesar grabbed power), it did not allow for rule of the people.

“In both theory and practice the Soviet Union, that late evil empire, was a republic (Union of Soviet Socialist Republics) because the lawmakers were elected, if only by the Communist Party members…”

“But,” Meyers says, “the main Amendment that tipped the scales from the national government of the United States being a mere republic to being a true representative democracy was the often-overlooked Seventeenth Amendment, which took effect in 1913.

“Since 1913, the U.S. Senate has been elected directly by the voters, rather than being appointed by the state legislatures. That makes the national government democratic in form, as well as being a republic.”

Now, if you have read this far, you may answer the question — is China a Republic?

Return to Is China a Republic – Part 3 or start with Part 1

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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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Is China a Republic? – Part 2/4

January 23, 2012

It appears that democracies come in several types. According to Democracy Building.info, there are three basic types of democracy—the Direct Democracy [ex. Switzerland], the Presidential Democracy [ex. USA, France] and the Parliamentary Democracy [ex. UK, Germany, Spain, Italy].

As for checks and balances, the parliamentary system offers few effective checks and balances [remember that China doesn’t offer checks and balances either].

In the UK, the Prime Minister, as head of state, is not elected. He or she is the leader of the majority party and may stay in power as long as his or her party is the majority. One of the main criticisms of many parliamentary systems is that the head of government is in almost all cases not directly elected by the people.

There are two types of parliamentary systems.  One is the unicameral system, which means it only has one single house or parliament. Forty-four countries fit this description. Examples are Denmark, Finland, Greece, Israel, New Zealand, Norway, Portugal, Singapore, Sweden and Turkey.

Then there is the bicameral system [thirty-three countries] of a parliamentary government, which has two houses, an upper and a lower chamber. Examples of this form of democracy are Australia, Austria, Belgium, Canada, the European Union, Germany, India, Ireland, Italy, Japan, South Africa, Spain, Thailand and the United Kingdom.

Let’s see how China’s type of government compares and decide if it is a democracy, republic or a dictatorship.


Democracy From the Bottom Up (The Carter Center)

The Carter Center says, “More than 600,000 villages across China are participating in a national movement toward meaningful democracy—democracy from the bottom up—in a communist nation of 1.3 billion people. For more than a decade, at the invitation of the Chinese government, The Carter Center has aided this effort by helping to standardize election practices among villages and by promoting good governance and citizen participation.”

According to Rural Life in China at Facts and Details.com, “the 2010 census [reported that], 51.3 percent of China’s population lives in rural areas. This is down from 63.9 percent in the 2000 census, which used a different counting system, and over 95 percent in the 1920s. There are around 800 million rural peasants and migrant workers—roughly, 500 million farmers and 300 million to 400 million excess unskilled rural laborers… There are around 1 million villages in China, about one third of the world’s total.  Each village has an average of 916 people.”

That means about 549.6 million rural Chinese vote in democratic village elections every three years.

By contrast, in the 2010 US national election 37.8% (90.6 million) of the voting-age population turned out, and in 2008 only 56.8% (132.6 million) did.  In 2008, the voting age population was 231.2 million and in 2010, it was almost 236 million.  If the majority of people do not vote in an election, does that mean the democracy is broken?

I recommend reading Rural Life in China at Facts and Details.com.  It is well balanced and points out the way it was and the way it is.  Although I did not read every word, I didn’t see any China bashing going on. It was not an indictment of China. However, I am sure a critic [read that enemy] of China could easily cherry pick this article and select a few pull quotes to support more misleading mudslinging at the CCP while ignoring what life was like in rural China before 1949.

Continued on January 24, 2012 in Is China a Republic – Part 3 or return to Part 1

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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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Is China a Republic? – Part 1/4

January 22, 2012

The reason for this post is due to a recent comment made by Troy Parfitt in another post. “You’re a mythomaniac, a propagandist, and endorser of one of the most repressive regimes in the world [Mr. Parfitt is talking about me]. And your website is a series of disconnected nonsense decorated by retarded videos. You can’t construct an argument to save your life, and the sycophants who show up here saying, ‘Yes, Lloyd, I agree with you,’ belong in Sgt. McGillicuty’s Travelling Nutbar Show.”

If Mr. Parfitt is nothing else, he is creative.

It is true that at one time a strong case could be made that during Mao’s Cultural Revolution, China had one of the most repressive regimes in the world but that claim is questionable today and has been since the 1980s regardless of what some say happened in Tiananmen Square in 1989.

To discover an answer to see if China is qualified to be called a republic instead of a dictatorship, I will provide information and let the reader decide.

The Oxford English Dictionary says a republic is “a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.

Then Albatrus.org says that in 1928, the US Army provided a more succinct definition of a republic: Authority is derived through the election by the people of public officials best fitted to represent them. Attitude toward property is respect for laws and individual rights, and a sensible economic procedure. Attitude toward law is the administration of justice in accord with fixed principles and established evidence, with a strict regard to consequences.

A republic is the “standard form” of government throughout the world.

A republic is a form of government under a constitution, which provides for the election of:

  1. an executive and
  2. a legislative body, who working together in a representative capacity, have all the power of appointment, all power of legislation, all power to raise revenue and appropriate expenditures, and are required to create
  3. a judiciary to pass upon the justice and legality of their governmental acts and to recognize
  4. certain inherent individual rights

Continued on January 23, 2012 in Is China a Republic – Part 2

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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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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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Three Hundred Years – Part 5 of 5

April 7, 2010

When I read the Chinese Constitution, Article 35 does say, “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.”

However, there are resitrictions to Article 35 when other articles in the Constitution are considered.

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.

Liy Xiaobo and his wife

Regardless of how many in the West sympathize with Liu Xiaobo’s prison sentence, he was sent to prison according to Article 28 of China’s Constitution. Liu had to know what the potential consequences were. After all, the Chinese Constitution is taught in the public schools.

There will always be individuals in China like Hong Xiuquan, Liu Xiaobo and other Chinese activists who would fit better in a Western culture than in China.

The only way to change China is if the West fought an apocalyptic war killing more than a hundred million Chinese then spent three hundred (or more) years brainwashing future generations to adopt Western ways.

This should please American neo-conservatives, since it would create a world they advocate.

See American Genocide http://wp.me/pN4pY-6S