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

Different Cultures Different Laws

March 19, 2010

Language is a powerful tool. When abused by the media or “any” political agenda, the audience is misled and forms incorrect opinions. The Western media often judges actions in China based on Western law from a Judeo-Christian foundation.

Chinese law uses the Chinese Constitution as its basis—not the American Constitution.

China’s Legal System weighs the Law from different values

When the legal system in China arrests and finds political activists guilty, consider Article 28 from China’s Constitution. “The State maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes acts that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals”.

If you are not a Chinese citizen and you do not agree, don’t go to China. Understand that Chinese criminal law uses a mixture of Legalism, Confucius, Marxist, and a Leninist, Maoist philosophy as its guide in addition to being modeled on German Law.

Since 1979, China has educated its people about the law in the universities and other education institutions like the primary, middle and high schools. China has also publicized information about their legal system through the China Law Journal and many provincial and municipal journals, magazines, and newspapers. Public lectures are often organized in factories, mines, and rural communes in order to increase the people’s understanding of China’s Constitution and laws. Chinese citizens probably understand their country’s law better than most Americans do.

Discover Justice–a Matter of Opinion

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

Officer in Action

March 19, 2010

While in Beijing one year, a friend of my wife’s shared gossip about a neighbor.  The neighbor was a single man in his forties. His former girl friend was in her early twenties, who called the police from his apartment.

Chinese Police in Action with a Murder Suspect

“He raped me. Arrest and punish him,” she said to the officer. All the neighbors crowded in the hall outside the open door. The officer heard both sides. There was no rape. It turned out that the woman had discovered he had another girlfriend.

“He asked me to strip,” she said. “He is corrupt.”

The officer studied her and then the man—the woman was taller and twenty pounds heavier. “You have legs. You could leave. But you stripped. Is that correct?” There was the sound of laugher from the hallway audience.

She nodded.

“No laws have been broken. He is a single man and can date anyone he likes. You could have said no. If you feel that you have been abused, there’s a woman’s organization that will help you. Do you want the phone number?”

“I already went to them. They won’t punish him either.”

The officer shook his head. “You will never come to this apartment again,” the officer said, as he wrote his verdict in a notebook.

China’s police do not have to read a suspected criminal his or her Miranda rights. In China, The police have more power. We often hear about China’s human rights violations. Read China’s response in China chides U.S. on rights record.

Before learning more about China’s legal system, understand moral foundation of the Middle Kingdom

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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.

1 Comment | China, Chinese Culture, Chinese men, Chinese women, legal system | Tagged: , , , , , , , , , , , , , | Permalink
Posted by Lloyd Lofthouse

Cracking a Tough Nut

March 19, 2010

Four hundred million is a tempting target. That’s how many people are on-line in China—a hundred million more than America’s population.

It looks like Google is pulling out of the Chinese market and its rival, Baidu (with 63% of the market), will win this round. But the fight isn’t over.  Microsoft may be the next contender to go toe to toe with Baidu. It has been reported that Microsoft’s search engine, Bing, which has less than 1 percent of the Chinese market, is moving quickly to use Google’s departure to its advantage.

Google’s reason for pulling out of China was a recent cyber attack. Well, why isn’t Baidu complaining? After all, a hacker group called the “Iranian Cyber Army” took over Baidu for four hours in January 2010. Baidu should claim Google was behind that attack.

See Google Recycled http://wp.me/pN4pY-2r

 

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Posted by Lloyd Lofthouse

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