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


Discover the History of Guanxi

March 11, 2014

I first heard of Guanxi from the China Law Blog, which referred to the Silicon Hutong Blog.

After reading the China Law Blog’s post, I did more research and also watched a few videos on the subject.

I learned that Guanxi is an aspect of Chinese culture that does not translate easily.

There are several elements and layers to Guanxi. First, Guanxi is based on a Confucian hierarchy of familial relationships, long-term friendships, classmates, and schoolmates and to those no stranger—Chinese or foreign—will ever have access to. (Silicon Hutong)

Guanxi evolved over the millennia because China didn’t have a stable and effective legal system. In fact, the legal system in China today is relatively new and made its appearance after the 1982 Chinese Constitution was established.

Since 1982, there have been several amendments to the Constitution as China adapts its evolving legal system.

In time, this legal system may replace Guanxi since business law modeled on Western law with Chinese characteristic is developing faster than civil law.

Through the centuries, merchants in China needed a way to avoid disputes and problems in the absence of a well-developed legal system. To survive, this complex system called Guanxi developed with many components such as partnerships, trust, credibility, etc.

Guanxi developed organically in civil society due to the absence of a uniform, government mandated legal system, and maintaining Guanxi is different than how relationships are maintained in other cultures. The embedded video with this post offers a more detailed explanation.

The China Law Blog’s had more than twenty comments, and it was a lively discussion worth reading if you are interested in discovering more on this topic.

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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


Falun Gong’s Media Machine

July 18, 2013

A few years ago when I attended the 6th Asian Heritage Street Celebration in San Francisco, I stopped at a booth for Shen Yun Performing Arts staffed with attractive, college age girls. My wife loves dance, and I thought she might be interested. I asked if this dance troop was part of a local college or university. The girl who handed me the brochure said yes.

She lied to me.

That evening, when I arrived home, I handed the brochure to my wife, who said, “That is Falun Gong.” I’ve written about The Falun Gong and Costco, about A Visit from the Falun Gong, and the more I learn about this group, the more sinister they become.

Turning to the Internet and using Google, I learned that New Tang Dynasty Television, Shen Yun Performing Arts and The Epoch Times all appear to be part of Falun Gong. I also discovered that Falun Gong must buy lots of Internet AD words so Google searches lead to one of the gears in the Falun Gong machine.  In fact, I had trouble finding anything but Falun Gong propaganda and had to keep altering my search terms to get beyond the Falun Gong firewall.

In time, I discovered a piece published in the Buffalo News saying, “the promoters and creators of “Shen Yun,” who have picked up a reputation for misrepresentation and deception over the years, have adopted the questionable propagandist tactics of the very government they criticize in their productions.”

Digging further, the New York Times reported, “China’s decision to ban Falun Gong was made after 10,000 adherents staged a silent protest outside the gates of Zhongnanhai, the Communist Party’s leadership compound in Beijing, to complain about reports in the state-run media that the group said were defamatory. Security forces apparently had no advance knowledge of the demonstration, which took place on April 25, 1999. The Chinese government began treating the group as a threat to national security.”

How about visiting Belching About China

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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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Mao’s 24-hour war to cleanse China of illegal drugs

July 16, 2013

From The Opium Monopoly by Ellen N. La Motte, we learn how opium addiction became an epidemic in China. Although The Chinese knew about opium for more than a thousand years, it wasn’t until the Portuguese arrived in the 18th century that  the Chinese used it as a drug by smoking it. Merchants from Britain, France, Portugal, America and other nations became the drug cartels that plagued China into the 20th century.

In 1729, the emperor issued the first anti-opium edict, but the supply of opium flooding China went from 220 chests in 1729 to 70,000 in 1858.

It is estimated that before 1950, as many as 20 million Chinese were drug addicts. To solve this problem, Mao had the People’s Liberation Army execute the drug dealers and forced millions of addicts into compulsory treatment—all in twenty-four hours.


Opium growers, who did not want to comply, fled into the Golden Triangle Region of Southeast Asia where many of Chiang Kai-shek’s nationalist troops had gone to escape defeat. Those generals also did business with the CIA, and American soldiers in Vietnam became the new customers. It is estimated that at least 20% of the almost nine million American troops that served in Vietnam became addicted.

China remained free of drugs until Deng Xiaoping declared, “Getting Rich is Glorious” and opened China to world trade. In 2003, it was estimated that China had four million regular drug users—even with China’s strict laws concerning illegal drug use.

And in America, where human rights are king, drug users and sellers often end up in prison costing taxpayers an average of $47,000 annually for each of the more than 2-million convicted criminals that are locked up explaining why America has more people serving time in prisons than any other country on the planet—that price tag is more than $90-billion a year.

Sources: Opium and Illegal Drugs in China and How Maoist Revolution Wiped Out Drugs in China

To discover more of Mao’s China, see China’s Great Leap Forward

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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 Legal System in Flux: Part 2/2

April 30, 2013

During the 1990s, Zhou Litai became famous as one of the first lawyers fighting for the rights of workers injured or mistreated by China’s new wave of private enterprises.… Since then, he has handled thousands of workplace injury cases, and even houses and feeds some of his most destitute clients. Source: New York Times

Zhou Litai has been featured in China Daily and on CCTV in China.

In the 2006 documentary, Zhou Litai says, “In Shenzhen every year, 10,000 insured workers get injured.  It’s reported that 95% of injured workers do not file lawsuits.”

“After winning cases,” Zhou Litai says, “some clients went back home to buy a house or to open a home business. Also, a few have started self-education in law such as Fu Shulin, who comes from Anhui Province.”

“Before he came to Shenzhen,” Zhou Litai says, “Fu Shulin was a student at a vocational college in Hefei City and he’s been living with me after filing a lawsuit. During the legal process, he realized the power of the law and decided to study after me.”



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

Before becoming a law clerk, Fu Shulin had a hand cut off while operating a machine. He was sent to a hospital.

Shulin says, “At first, the doctor told me that my hand was able to be reconnected. However, after my boss talked to the doctor, he told me that my hand wouldn’t be reconnected because the bones had been shattered.”

Shulin had problems with his factory boss so he saw Lawyer Zhou Litai.

After seeing Zhou Litai, Shulin was offered 30,000 yuan by the factory (less than $4,000 US). He turned it down.

Then the boss had him locked up in a factory room, but Shulin managed to get a note to his lawyer, Zhou Litai, who came with the police to free him.

in 1998, the district court ruled in Shulin’s favor and awarded him 160,000 yuan (more than $19,000 US dollars). The factory boss appealed and lost. The final settlement was 168,000 yuan (more than $20,000 US)

Return to China’s Legal System in Flux: Part 1

_______________

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 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, the Power of Government and Eminent Domain

December 2, 2012

Gillian Wong of the Associated Press reported on a lone, rural Chinese farmer that had resisted selling his house to the local government so a new road could be completed.  The photo shows a house sitting in the middle of an almost finished road with pavement surrounding it.

If that had been in the US, the house would have been gone long before the road was build—something Wong fails to mention is that this sort of thing happens in the US all the time and it started during the decades that the roads and highways spread across the US like a spider web.

In fact, local US governments do not need to wait for the owner of a house to agree to sell. It can force the owner to sell and then use the police/marshals to move him or her out using force if necessary.

I still remember reading about one incident in The Los Angeles Times that happened in Southern California during the craze to build freeways there.

The home owner was a combat veteran from World War II, Korea or Vietnam (I do not remember which war).  This vet refused to move out of his house even after the local government forced him to sell it.  He claimed he wasn’t being paid what he had invested in the house in improvements.

This American vet filled sandbags and stacked them against the walls of his house; he stocked up on canned foods, bullets, rifles and a gas mask along with a bullet-proof vest. No one was going to take his house away from him.

A swat team had to be called in, tear gas was used and the swat team broke into his house and swarmed him before he could shoot anyone. Then off to jail and court he went to be judged by a jury of his peers. I never did find out what the outcome of that trial was.

In the US, as states, cities and towns expand and improve roadways, sewer and power lines, communications and other system, local governments often secure or acquire access to private land. Without the government’s power to do so, the size and capability or public infrastructure would become inadequate to serve the needs of society (the people) and often in the US the estimated value of a property does not match, because the government uses a different method to determine value not based on what the owner spent on the property but based on the value of other properties in the same community based on an average.  To the government, the value of the property is an estimated value. To the owner, it may be every penny he or she invested in the property.  Source: Find Law.com

In the US, this has been called legalized theft and it has been debated for decades. The following source is one example of that debate: Fee.org

The law is called Eminent Domain and it gives a government the power to buy private property for public use, usually with compensation to the owner.

Britannica Concise Encyclopedia says: “Government power to take private property for public use without the owner’s consent. Constitutional provisions in most countries, including the U.S. (in the 5th Amendment to the Constitution), require the payment of just compensation to the owner. As a power peculiar to sovereign authority and coupled with a duty to pay compensation, the concept was developed by such 17th-century natural-law jurists as Hugo Grotius and Samuel Pufendorf.”

Therefore, why is this incident in China worthy of media attention in the US, and I wonder if China’s media ever reported on similar incidents in America?

After all, they happen all the time and are often ignored by the American media because they are so common. If you doubt what I say, watch the three-part PBS program embedded in this post.

Discover Dr. Li’s illusive Memoires

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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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