The Law in China

If people are ruled by uniform The Law in China and penalized uniformly they’ll always try to avoid punishment but they’ll never develop a sense of shame. If they’re inspired by the good example of admirable leaders they’ll emulate them, internalize their ethics, and themselves gradually become good. Confucius.

The Law in China

Since the decline of Christianity and its moral consensus legislators[1], The Law in China once claimed Divine authority for our laws, now endorse ‘rule of law[2]’ for its own sake, thus raising an ancient conundrum: Quis custodiet custodes? Who supervises the lawgivers? Confucius, drawing on centuries of Chinese experience with rule of law, approached the problem directly: laws only as good as the example set by the lawgivers themselves.

In 340 BC, during the rule of Duke Xiao of Qin, Chancellor Shang[3] advocated rule of law because people are too lazy and passionate to create peace and prosperity themselves. Only a system of collective responsibility and surveillance, he said, will frighten them enough to suppress crime. He instituted a uniform legal code of rewards and penalties for even slight violations because.  So, if small faults are pardoned, crimes will be numerous.”

Shang replaced clan-based organization with a harsh, intrusive, law-and-order system that weakened families and communes. But, granted aristocratic titles for high grain yields and military success.

It prescribed horrific punishments for those who fled the battlefield and heavily taxed merchants, scholars, and other ‘parasites.’

His code transformed the State of Qin into a victorious Sparta but generated profound resentment and Shang fled when his patron, the Duke of Qin, patron died. He tried to hide at an inn but, since it was against Shang’s own laws for inns to admit guests without identification, the innkeeper refused and, following the law, reported him to the authorities.

Shang was caught and executed by jūliè–fastened to five chariots and torn apart–the punishment he himself had prescribed for traitors, and his family, to nine levels of kinship, was annihilated by lingchi, ‘death by a thousand cuts.’ The reaction to his legalist regime of terror led to the overthrow of the Qin Dynasty and legalism retains its negative associations to this day.

Confucius, born when Lord Shang’s dismemberment was fresh in popular memory, began with the opposite assumption: that humans are inherently good and naturally endowed with the four basic virtues: compassion, righteousness, propriety and wisdom.

Wrongdoing, he said, is the consequence of negative environmental influences and lack of education. Wrongdoers could be taught to feel ashamed of their improper actions through good example, education, and moral suasion–and a good example was primary.

His ideal society revolved around the superior man, jūn zǐ. So, the exemplar of filial piety, compassion, and virtue who puts righteousness and propriety before selfishness and pettiness, “He who rules by virtue is like the North Star, which maintains its place and the multitude of stars pay homage.” Instead of legalism, Confucius emphasized proper social relationships and the rituals that regulate “the ruling and the ruled, the senior and the junior, man and woman, and the blood-related and the acquainted.”

If the ruler demonstrates filial piety, compassion, and virtue and citizens act according to ritual propriety, then society will be prosperous and harmonious and, since the moral is senior to the legal, the legal will converge on the moral, never the reverse[4]. Lawgivers’ first responsibility, therefore, is to be models of virtue because their example–not their words–is what gives moral force to their laws. Leaders must sacrifice their own desires, perform expected rituals for their citizens, take only their basic requirements, and demonstrate compassion by providing the people with enough to live on because “Only when the granary is full can they expect moral behaviour.”

For society to function harmoniously, he said, relationships must be named properly, because society needs hierarchies and rituals to remind everyone of the behaviours appropriate to their place in the social fabric. If social roles and ranks are clearly defined through language and rites, people will internalize them and society will function harmoniously and people can freely express their individuality within it. Though the country never completely abandoned legalism, centuries of ethical leadership gradually transformed it into the national family Confucius envisioned.

More important than penal law and judicial procedures in maintaining order in the community were the methods of arbitration and compromise.

That route to resolving disputes allowed the parties to retain their dignity, utilized social pressures as understood by all and gave problem-solving roles to senior figures acting as arbitrators that reinforced the community’s recognition of its shared ethical norms. Some regions of China were known to be more litigious, more quarrelsome, less placid than others. But, throughout their observations of ordinary. Chinese life from the sixteenth century onward. Early European travellers remarked on the mannerliness, good humour and social graces of the common people. F. W. Mote[5],

Today, the Chinese still address older strangers as ‘aunty.’ ‘Uncle,’ ‘grandfather,’ or ‘grandmother,’ and every adult assumes responsibility for every child. Would-be criminals must struggle against family, friends, workmates, classmates, and neighbours who invest considerable energy in counselling, mediation and compromise. (Failure to do so can bring consequences.

In 2018, when Liu Zehnhua committed suicide after raping and murdering Li Mingzhu. The court ordered Liu’s family to pay the Li family one hundred thousand dollars for failing to socialize their son).

Mediation suits the Chinese better than formal court rulings. But, it encourages self-criticism, persuasion, education, and allows for tailored solutions that families can enforce. So effective is it that Congress now requires all villages to maintain People’s Mediation Committees[6] and, when a Trial Spot demonstrated that locating mediation offices in courthouses drastically reduced litigation, Beijing legislated it nationally and urged all lawyers to become certified mediators. So, in 2019, seven-million mediators handled six million disputes and reduced the national legal bill to one-tenth of America’s[7].

China’s Social Credit Dàtóng Dreams

The legal process, like almost everything, remains a work in process. In criminal proceedings, magistrates regarded as neutral truth seekers, as they are in France. So, they interrogate suspects, examine the evidence, hear testimony, render verdicts and determine guilt and innocence pre-trial. Since most casework involves paper depositions, questioning witnesses under oath. Before a judge makes cross-examination uncommon.

A Trial Spot in wealthy Shanghai is currently providing defence lawyers for all criminal defendants to gauge costs and benefits. But, elsewhere, defence lawyers are mandatory only for juveniles. So, the disabled, and those facing life imprisonment or death.

While American defendants lose their fifth amendment rights against self-incrimination if they testify. Chinese defendants the right to say whatever they wish in their defence and to not be cross-examined.

If it appears that there is insufficient evidence for a conviction.But, the judge will suggest that the procure either reduce. The charges or investigate further whereas, in America, the case ends and there is no trial. So, the purpose of trials is sentencing. For cases go to trial only because the verdict is ‘guilty. Even if a defendant confesses to a crime and wishes to end the matter. There is always a public hearing where the magistrate asks the defendant to confirm his confession publicly.

Though lawyers’ reputation has historically been low, the legal profession received a boost in 2012. So, when Li Keqiang[8], an expert on English common law, became Premier and, overnight. Therefore, the Supreme Court’s internship program began attracting top students. So, that year, the government suggested establishing independent judicial committees to select judges based on merit and their professional track record and, by 2019. Every province had an independent judicial committee that included non-Party members.

They minimize local government interference, select and oversee the work of judges and prosecutors, and to punish professional misconduct.Therefore, the Shanghai’s legal committee expelled a High Court prosecutor, two sub-prosecutors. But, the Vice President of the Provincial Supreme Court and a senior circuit court judge, and national appeals courts began re-hearing cases and overturning wrongful convictions.Therefore, Ordering restitution, and requiring lower courts to study their reversals.

The Supreme People’s Court’s website, with five billion visits, offers online courses on every element of the law. Invites criticism of new laws, and even provides an artificial intelligence interface to its six hundred thousand recorded trials.

Its website invites individuals to email Chief Justice Zhou Qiang[9] at the Court President’s Mailbox. So, where he publishes selected answers that often begin. “Hello! We receive your question, and after consideration, we respond as follows…” And end with, “Thank you for your support of the work of the Supreme People’s Court!” In 2016 President Xi[10] reminded a judicial study group that law and ethics are inextricably bound:

Law is virtue express in words and virtue is law borne in people’s hearts. In the eyes of the State, law and virtue have an equal status in regulating social behaviour. Adjusting social relations and maintaining social order. Rule of law must embody moral ideals that provide reliable institutional support for virtue. The Laws and regulations should promote virtuous behaviour while socialist core values–prosperity. Democracy, civility, harmony, freedom, equality, justice. But, the rule of law, patriotism, dedication, integrity and friendliness–woven into legislation, law enforcement, and the judicial process.

When a journalist questioned former Chief Justice Xiao Yang about the Party’s role in the legal system he pointed out that its ethical duty transcends its legal responsibility.

“The power of the courts to adjudicate independently doesn’t mean independence from the Party at all. On the contrary, it embodies a high degree of responsibility vis-à-vis the Party’s [dàtóng] program.”

Police, prosecutors and court officials are responsible for wrongful prosecutions until the day. They die and, though unarmed, police have powers their Western colleagues only dream of. Bhey can issue temporary restraining and home confinement orders that, instead of removing miscreants from society, allow them time to reflect and discuss solutions with their families. Convicted criminals–who can prosecute prison staff for breaching their rights–must receive humane levels of material comfort and dignity from arrest to release.

They must also participate in career, legal, cultural, and moral counselling focused on the social consequences of their crimes. Sentences typically shorter than in the US and even murderers are expected to repent, reform and rejoin society.

Citizens can video the police who must publish the status of all arrestees online. TV programs regularly explain new laws and schools, offices, factories, mines and army units discuss concepts like the exclusion of illegally obtained evidence. After the success of a weekly TV show, I am a Barrister, the Legal Channel followed up with The Lawyers Are Here. Each episode introduces legal issues ranging from child custody to healthcare negligence while topic experts and panels offer opinions and advice to real litigants.

In 1982, as consumption began driving the economy, Beijing launched Consumer Rights Day. Vendors took to the streets, experts discussed product quality, and TV screens showed fake merchandise being shredded, crashed and burned. Though today’s consumers are more sophisticated, Consumer Rights Day still features a national program starring. CEOs of cheating companies who, hauled before a billion gleeful viewers, beg forgiveness and promise to change their wicked ways.

Most are local but, when Apple[11] persistently ignored China’s two-year warranty law, Tim Cook apologized publicly and changed the policy. The CEOs of Volkswagen and Nikon took the Walk of Shame, grovelled gratifyingly, and altered their policies, too.

In 2016, to boost online consumerism, Congress mandated[12] ethical manufacturing, truthful advertising, secure distribution, honest payment, and trustworthy delivery. When consumers remained wary, legislators additionally required retailers to accept returns unconditionally within seven days, pay doubled fines for false advertising, and refund three times the price of counterfeit goods (Nike, which had lobbied hard for this law, urged consumers to profit from it and online counterfeiting quickly evaporated).

Online Trial Spots are reducing legal costs, promoting equitable outcomes and lightening the burden for law enforcement. One app bundles free mediation, dispute settlement and legal aid and connects plaintiffs to thousands of lawyers, notaries and judicial appraisers. Another verifies plaintiffs’ and defendants’ IDs and combines face and speech recognition with electronic signatures, allowing them to go to trial without leaving home.

It submits their files and transcribes their testimonies using voice-to-text, and stores their case records in case of appeal. Hangzhou, home of Alibaba, launched the first cyber court in 2017 for online e-commerce complaints, loan litigation, and copyright infringement; in its first case, TikTok and Baidu contested ownership of user-generated video content. Beijing’s Internet Court provides artificial intelligence-based risk assessment as a public service and automatically generates legal documents, applies machine translation and simplifies settlements through oral interaction with its knowledge base.

The Ministry of Public Security even has a missing child app, Reunion, that located thirteen-hundred missing children in its first year.

Baidu’s app, Baby Come Home, baobeihuijia, is a cross-age face recognition system that matches baby pictures to photographs of adults. Who suspect that they were not raised by their biological parents. It narrows the search to about thirty families then, through online interactions, reunites those who match.

Crime remains low in China and trust is rising (Beijingers have stopped removing batteries from their parked electric scooters) with unarmed police, two percent of America’s legal professionals and one-fourth its per capita policing budget, China has the world’s lowest rates of imprisonment and re-offence. When Harvard’s Tony Saich[13] surveyed them about their greatest worry, most ranked ‘Maintenance of Social Order’ highest. When he asked which government service pleased them most they chose ‘Maintenance of Social Order.’

***

Ethics, Law and Social Credit

In 1978, the government committed to providing everyone with an income, plenty of food and clothes, education, safe streets, health insurance and old-age care–a full granary–by 2021. In 2007, with the goal in sight, the State Council[14] set itself the task of creating a socialist market economy[15] and invited Trial Spots to discourage cheating and debt-dodging, shoddy products, irresponsible medical treatment, commercial fraud, tax evasion, product piracy.

Launching his anti-corruption drive in 2012, President Xi promised[16] to govern by virtuous example, hide zhiguo, and to create a socialist spiritual civilization, Jingshan warming. In 2014 the State Council issued its Planning Outline for the Construction of a Social Credit System by 2020 Led by Government and Built by Society, Extending to all Areas of Government Regulation and launched the biggest attitude adjustment since the Cultural Revolution.

In 2017, The Academy of Social Sciences[17] warned that officials’ morality would be the first affected, “Declining trust has transformed us from a community of acquaintances into a society of strangers.

Our integrity system is weak and we suffer from unhealthy social phenomena like economic disputes, telecommunications fraud, mistrust, and indifference to human feelings. Integrity systems must begin with government honesty, promise-keeping and respect for morality and customs. After that, we must make genuine efforts to strengthen the integrity of our entire society[18].” For officials and corporations, it means unaccustomed transparency.

People’s Daily called for publicly accessible corporate credit dossiers to promote sincerity, chengxin, and trustworthiness, Yongxin, and planners proposed a timeline: establish fundamental laws, regulations, and standards for social credit; then construct a credit information system that covers the entire society; next, build credit supervision and management systems; then foster a social credit service market and enforce reward and penalty mechanisms that encourage honesty and integrity.

Social Credit, SCS, must be “found on laws, regulations and standards, based on a complete network covering the credit records of members of society and credit infrastructure, supported by the lawful application of credit information and services.

It aims to establish a culture of sincerity, to keep trust, encourage traditional virtues, and employ incentives and constraints against breaking trust.”

Technically, SCS is a data-sharing service that crowdsources commercial supervision, a neutral record keeper that consolidates government files into a central database and integrates and regulates data exchanges and information sharing between interested parties.

It’s shorthand[19] for a range of efforts to improve market security and public safety by increasing social integrity and trust using four tactics: aggregating and integrating information within and across geographic regions and professional fields; creating measures to incentivize trustworthy conduct and punish untrustworthy conduct; increasing reliance on credit evaluations in transactions; using these mechanisms, along with moral education, to foster a trusting social environment.

Local governments and private developers have built innovative apps that incorporate data in the master database of court records, the National Credit Information Sharing Platform, NCISP, to help the market weed out bad actors[20]. So, the first phase[21] exploited existing capabilities by amplifying existing sanctions, increasing government transparency, enforcing commercial regulations, tracking corporate and industrial violations, and uncovering welfare and charity fraud.

Based on their track records, the system blacklisted seven thousand enterprises, denied air travel to ten million individuals, and blocked four million credit abusers from buying soft sleeper and high-speed rail tickets.

Watchdogs gleefully unearthed one-thousand government officials on the list[22] and, by 2019, one hundred towns and cities had been listed as dishonest, their credit ratings downgraded, and their senior officials blocked from taking high-speed trains, visiting golf courses and expensive hotels and purchasing real estate.

Blacklisted entities must endure increased scrutiny in administrative permitting, registration, and credentialling; their corporate officers banned from heading other enterprises for three years; increased inspection frequency; increased discretionary penalties, honorific titles revoked and not given; exclusion from beneficial policies and national standards drafting committees; no self-declarations. certification or authentication; B2B and B2C platforms must alert users if a business is listed; professionals (like pharmacists) are de-register and publicly blacklisted.

In 2017 the Ministries of Finance, Customs, and Ecology joined forces to prevent disreputable corporations issuing bonds or receiving government subsidies and tax breaks, customs permits, loans, purchasing real estate, owning land-use rights, exploiting natural resources and issuing IPOs.

They blocked scofflaw executives from company directorships, job promotions, asset ownership, establishing financial companies, receiving stock options, participating in government procurement and excluded them from working in high-trust sectors like food, pharmaceuticals and dangerous chemicals.

They blocked executives from first-class travel and high-speed trains and air travel, star-rated hotels, luxury restaurants, resorts, nightclubs and golf courses, foreign holidays, sending offspring to private schools, and buying homes and automobiles. By 2019, sixty-one thousand government agencies and companies had been penalized[23], and the rates of counterfeiting, food and drug violations and regulation-flouting fell dramatically. So, the EU Chamber of Commerce in Beijing warned its members about the long arm of SCS:

Under this far-reaching system, your company and executives will be subject to a series of rewards and punishments, with firms at risk of being blacklisted for non-compliance. The system has started monitoring the behavior of Chinese companies abroad–particularly those involved in the Belt and Road Initiative–in an attempt to safeguard the country’s interests and reputation. Monitoring of European companies’ behavior in other markets, including their cooperation and business relationships with Chinese companies–even if they are not present in China–is possible in the future.

Until recently, the government had kept almost no individual records, so officials invited American[24] consultants to explain how credit records keep online transactions trustworthy and reduce fraud.

Government information on file for individuals will neither consider in evaluating individuals’ credit nor crafted into a unified score. Nor will it collect public or market credit information on their religion, genetics, fingerprints, blood type, medical history.

For individuals, it’s more carrot than stick: the higher your score the easier your life becomes: one component of a dàtóng society so trusting that nobody locks their doors at night. SCS uses social engineering to create a hassle-free society so that most folks can borrow money, hire a car or board an aeroplane without being questioned or even stopped. So, a consultant to the program, Professor Zhang Zheng[25] explained simply.

“There are two kinds of people in this world: good people and bad people. Now imagine a world where the good ones are rewarded and the bad ones are punished and untrustworthiness in one place leads to constraints everywhere.”

Ask a Chinese friend about SCS and chances are they will enthuse, “Just what we need!” “Perfect for us Chinese!” Almost everyone agrees on what desirable social behaviour should be and trusts the government to both demonstrate and enforce it.

A study[26] found that more than eighty percent of netizens already use a commercial SCS and showed high levels of approval across respondent groups.

Most enthusiastic are older urban males with higher incomes and better educations who perceive SCS an instrument that, by closing institutional and regulatory gaps, will improve the quality of life and support more honest and law-abiding social behaviour.

Individuals, who have less to fear than officials and corporations, are more likely to receive carrots like cheaper loans. Upgraded flights, no-deposit rentals, no-wait hospital visits, desirable schools for offspring. Japan and the Netherlands offer expedited visa processing for travellers with SCS scores above 750 and landlords waive deposits if they’re over 800.

China Daily regularly talks up the benefits, “After graduation Zhang Hao, 28, found a job at a securities company in Hangzhou. On his mobile app, Alipay, he saw an apartment he liked. Alipay, Alibaba’s mobile payment service, rates its users’ credit based on their consumption and investment habits and Zhang had a high score. So, exempted from the $1,000 security deposit and the $200 broker’s fee.

The experience not only saved Zhang time and energy in renting an apartment, which is often complicated. But also gave him a positive impression of the city where he was about to build his career.”

One young man posted his high score and a video of himself collecting a Ford SUV from an unstaffed automobile vending machine for a three-day test drive, along with a discounted loan offer to buy it. Dramatizing the link between trust and profits, Alibaba[27] outsold Canada’s annual e-commerce sales–$30 billion–in twenty-fours, delivering one-hundred forty thousand new cars, one-hundred-fifty thousand Mexican avocados, a million lobsters, three million pounds of Australian beef, and fourteen million Ecuadorian shrimp.

An early SCS adopter, Jiangsu’s Suining County[28] (pop. 3.3 million) launched a personal Trial Spot back in 2007 that gave each citizen a thousand credits then deducted points for legal, administrative and moral infringements. Drunk driving convictions cost fifty points, a child without family planning permission lost thirty-five and delinquent loans lost up to fifty. Points recover after two to five years depending on the gravity of the infraction and participants categorized A-D on the basis of their scores.

A-class citizens received preferential access to employment opportunities. While others scrutinized when they applied for government jobs and contracts. Subsidized housing, social welfare, business licenses and permits. When the county published the entire list of names and scores, Xinhua News compared them to the hated Good Citizen Cards that Japanese occupiers issued during the war.

But the trial provided valuable data on disincentives and the effects of naming, shaming, and rewarding citizens for compliance with local regulations.

When court statistics revealed that a staggering seventy per cent of individuals and organizations tried to evade enforcement or failed to perform court-ordered obligations. The Supreme Court ruled that the identities of people. Who fail to carry out court orders or administrative decisions listed publicly for up to two years. The first targets were debt defaulters, laolai, and the People’s Bank Of China incorporated court records into credit reports, revised its penalties, and created a public blacklist, Laolai Deadbeat Checker, searchable by agency, department, institutional, or individual name.

Some local courts took direct action. Dengfeng’s laogai Trial Spot uses automatic recordings that warn callers. “The person you calling is list as dishonest by the Dengfeng People’s Court. Please urge them to fulfil their obligations.” A court website in Henan that features local laogai in video clips set to dramatic music claimed its first victory. When a deadbeat saw himself onscreen at a local movie theatre and promptly paid his $78,000 judgement. By 2020. SCS had blocked laowai from fourteen million flights and high-speed train trips.

(Image: Douyin)

Some SCS Trial Spots are[29] more controversial: a private university[30] told the son of a Zhejiang businessman it would not complete his enrollment because his father had failed to repay a $30,000 bank loan. The father paid but some netizens decried what they saw as collective punishment. While others argued that children should not enjoy privileges like private universities when they are purchased with unpaid debt.

Public nuisances, like unleashed dogs and uncouth passengers, are also coming under scrutiny. The 2019 holiday season saw 3 billion passenger journeys within 40 days and, with so many people in tight quarters, public behaviour is a yearly focus of discussion. A railway SCS Trial Spot[31] curtails fare dodgers, vandals, smokers, scalpers and people using false ID or invalid tickets.

Provincial trials are developing a public appeals process in which early credit restoration is available. After one year if miscreants stop their negative behaviour and work to undo its impact. Approval of a provincial-level market regulator is require, after review by lower departments.

Others are experimenting with credit objections, appeals, repair and protection of civil rights. The media play a key role in the process:

From: Gao Lu, editorial writer, Qianjiang Evening News[32]

Date: July 30, 2019

Re: Wulian No.2 Middle School, Shandong Province.

Recently, the severe punishment of a teacher by the school authorities and the local education department. For using corporal punishment to discipline two students for skipping class has drawn public concern. According to official documents issued by the school and department. At the end of April this year, students Li and Wang (actual names withheld). From Class No.3 of the Wulian No.2 Middle School, skipped classes to go to the playground. Upon discovery, as punishment, their class teacher, Teacher Yang, beat them with textbooks on the foyer of the fourth floor.

As a result, the Wulian No.2 Middle School suspended Teacher Yang for a month. Issued a formal apology to the students and parents, and bore the costs of the students’ medical and other expenses.

These reparations all seem well and good, but the controversy lies in the additional sanctions for Teacher Yang proposed soon after. As issued by the Wulian County Education and Sports Bureau on July 2, the additional sanctions proposed were:

1. Deducting Teacher Yang’s performance-related pay from May 2019 to April 2020;

2.Directing the Wulian No.2 Middle School to not renew Teacher Yang’s employment contract;

3. Adding Teacher Yang to the Wulian County credit information evaluation system (credit system) blacklist from July 2019.

Among these additional sanctions, the last is most controversial. As well known, a credit information evaluation system, narrowly defined. Refers to the credit system of the People’s Bank of China, and the appraisal of the borrower. In the context of behaviour such as the non-payment of bank loans, overdue credit card payments, overdrafts, and so on.

However, in some places, the definition of “creditworthiness” has widened to include social behaviour, thus a social credit system. In these places, jaywalking, spitting, and other types of uncivil behaviour deemed detrimental, and included in the credit system. This issue is not limit to just Wulian County. At least 20 other cities across China are developing their own credit systems to restrain personal conduct.

Although using corporal punishment to discipline students is almost certainly. A failure to adhere to the teaching profession’s ethical code, that relates somewhat to a teacher’s trustworthiness. It is a different thing from staining their sincerity and honesty.

Rather, it is already possible for the authorities to sanction teachers according to existing regulations. Those who exceed their authority can also be investigated in accordance with the law. There is no need to rely on the credit system.

The credit system is not the solution to every social problem. What kind of mess would it be, if administrative and law enforcement offences resulted in a loss to creditworthiness? The system would no longer be the traditional credit system we recognize. As implemented, a person’s actual credit circumstances would be submerged within other systems. How useful would this be for the banks and financial institutions that only want to evaluate the person’s ability to repay?

Why would they want to use the local credit system? If they used it, the banks and financial institutions would exceed. Their legal authority (by taking into account matters unrelated to the applicant’s ability to repay). If they did not. The local authorities would have succeeded in creating. A penalty system that has no relation to financial behaviour, is that useful?

In some places, this is nothing more than a weapon used to intimidate and reduce resistance to control. Peace of mind from credit evaluation gives way to paralysis by intimidation. The crux of the matter is this: the credit system the potential to be misused to violate the rights of citizens.

In modern society, evaluating credit correctly is critical. For us, the public interest is at stake, and we must be very careful.

On July 28, the Wulian County People’s Government announced that. The Wulian County Bureau of Education and Sports had withdrawn the decision to seek additional sanctions for Teacher Yang. The Wulian County People’s Government did not provide an explanation. But it certainly worrying that one could be included or excluded from the credit system blacklist, just like that. We hope this incident spurs local authorities to approach creditworthiness more prudently and also hope that more local governments recognize the problems that exist. When building a credit system that preserves the legal rights of its citizens.

This year, SCS Trial Spots will parade their data in a national beauty contest and. As soon as public approval approaches ninety-per cent, binding legislation will be introduced.

So watch and enjoy the biggest social experiment in world history as good folks finally get more respect and bad guys get less. Could this be the birth of digitally enhanced Confucian virtue?

[1] Lat. lēgis lātor, ‘law giver.’

[2] Gallup found one-fourth of us trust our criminal justice system. Says Jiang Shigong, in Philosophy and History- Reading the China Dream. “The rule of law and the rule of man are not completely oppose to one another but are complementary. A society governed by the rule of law cannot ignore. The needs to provide people with ideas and beliefs and moral education. It cannot ignore the positive role played by moral values and a healthy social climate in governance. Nor can it ignore the key historical function of leaders and great people. Political parties and the masses.”

[3] The Book of Lord Shang, Shāng jūn shū, dates from the 3rd century. BC and is regarded as a foundational work of. The Law in China Chinese Legalism and is named for the major Qin reformer Shang Yang. Who served as minister to Duke Xiao of Qin (r. 361 – 338 BC) from 359 BC until his death in 338 BC and is generally considered to be the father of that state’s “legalism”.[2] . The book includes many ordinances, essays, courtly petitions and discourses delivered at the Qin court. The book focuses on maintaining societal order through a system of impartial laws that mete out rewards and punishments for citizens’ actions.

The first chapters advise promoting agriculture and suppressing other low-priority secondary activities. As well as encouraging martial virtues for use in creating and maintaining a state army for wars of conquest.

[4] Sextus Empiricus (160–210 AD), the Roman physician and philosopher, made precisely this observation three centuries later.

[5] Imperial The Law in China 900-1800. F.W. Mote. Harvard University Press. 2003.

[6] In addition to People’s Mediation conducted by grassroots community mediators, China employs Judicial Mediation conducted by judges. Administrative Mediation conducted by government officials. Arbitral Mediation conducted by arbitral administrative bodies, and Industry Mediation conducted by specific industrial associations.

[7] Average Person Spends $250 Per Year on Legal Services. Jay Reeves | April 14, 2015. Lawyers Mutual

[8] At Peking University Law School in 1978, Li translated Lord Denning’s.

The Due Process of Law,” becoming so proficient in the language that. He broke protocol and spoke in fluent English at a Hong Kong University event in 2011.

[9] Born in Huangmei County, Hubei Province, in 1960, Zhou grew up during the Cultural Revolution. In 1978, he was part of the first batch of students admitted through the National College Entrance Examinations to the Southwest University of Political Science & Law. Zhou obtained a master’s degree in law in 1986. He joined the Communist Party of China (CPC) during his studies, in 1983.

Hong Kong: Democracy Trial Spot

In 2007, Zhou was appointed governor of Hunan, then acting governor of Hunan. He was re-elected governor of Hunan on January 24, 2008. In March 2013, the NPC installed Zhou as the President of the Supreme People’s Court.

Zhou spoke often of promoting the ‘rule of law’ and was thought to be aligned with CPC general secretary. Xi Jinping’s stated ambition to make the court system in China fairer and overturned several court decisions as unjust, including the wrongful execution of.

Nie Shubin in 1995; granted judges more independence; and restricted local officials’ influence over court rulings. Although ultimately courts at all levels had to answer to the party leadership. In 2017, speaking at a Supreme People’s Court meeting on January 14. Zhou warned the courts against the ‘idea of judicial independence’. He said:[China’s courts] must firmly resist the western idea of “constitutional democracy”, “separation of powers” and “judicial independence”.

These are erroneous western notions that threaten the leadership of the ruling Communist. Party and defame the Chinese socialist path on the rule of law. SO, we have to raise our flag and show our sword to struggle against such thoughts.

The Law in China does not fall into the trap of western thoughts and judicial independence. We must stay firm on the Chinese socialist path on the rule of law.” Supreme People’s Court Monitor, Supreme. People’s Court President’s Zhou Qiang’s virtual mailbox. OCTOBER 21, 2019

[10] Xi stresses integrating law, virtue in state governance. Xinhua. 2016-12-10

[11] China Has a Way Better iPhone Warranty Than America to Go with Its Apology from Apple. The Atlantic. REBECCA GREENFIELD. APR 1, 2013

[12] China Releases Draft Implementing Regulations for Consumer Rights Protection Law. By Ashwin Kaja and John Balzano. Global Policy Watch. August 26, 2016.

[13] How China’s citizens view the quality of governance under Xi Jinping. Tony Saich. Journal of Chinese Governance. Vol 1, 2016

[14] The 35-member State Council is the country’s chief administrative authority and Brains Trust. Chaired by the premier, it includes the heads of all the cabinet-level executive departments. It is one of three interlocking branches of state power.  Along with the Party of and the PLA, and oversees the Provincial Governments.

[15] ‘A socialist market economy’ has strong government regulation, public ownership. And state-owned enterprises.’ State Council on the construction of a social credit system.’ Guo Ban Fa No. 17. 2007.

[16] The report, 18th Party Congress, November 8, 2012. Xi was quoting from Confucius’ Analects.

[17] The Chinese Social Credit System Surveillance and Social Manipulation: A Solution to Moral Decay? Martin Maurtvedt KIN 4593. The UNIVERSITY OF OSLO. 2017

[18] ‘Legal Documents Related to the Social Credit System.’ chinalawtranslate.com/

[19] China’s Social Credit System: An Evolving Practice of Control. By Rogier Creemers, University of Leiden

[20] The apps of China’s Social Credit System. by Kendra Schaefer. Trivium. October 14, 2019

[21] Social Credit Overview. Jeremy Daum. China Law Translate. 2018/10/31.

[22] ”Officials dishonesty” cases? Court carries out special clean-up. People’s Daily. Dec 21, 2017.

[23] China Economic Daily. China Economic Net

[24] In 1968, American credit bureaux routinely reported debtors’ sexual and political preferences. The New York Times said. “Transferring such information from a manual file onto a computer triggers a threat to civil liberties. To privacy, to a man’s very humanity–because access is so simple.

Today, a Federal Child Support Registry tracks irresponsible parents. No-Fly List grounds troublemakers, the IRS blocks tax delinquents’ passports, the Sex Offenders List tracks miscreants.

[25] CREATING THE HONEST MAN. JULY 28, 2017. Kai Strittmatter. Schoolinfosystem.org

[26] “China’s Social Credit Systems and Public Opinion: Explaining High Levels of Approval” Genia Kostka, Freie Universität Berlin.

[27] The company also pledged $300 billion–of which the government guaranteed $12 billion–to provide finance, insurance, loans. Logistics and analytical tools for cash-strapped small firms. Street vendors and farmers and to help four hundred million unbanked rural people establish personal credit.

[28] China’s Social Credit System: An Evolving Practice of Control

Rogier Creemers. University of Leiden

[29] China Daily. 2018-7-14. 09:50:51

[30] Public universities are forbidden to discriminate on any but criminal grounds.

[31] Measures on the Administration of Railway Passenger Credit Records 2017 (Provisional) China Law Translate, https://www.chinalawtranslate.com/subscribe/?lang=en

[32] Original Mandarin: http://opinion.people.com.cn/n1/2019/0730/c1003-31262966.html

Chinese Propaganda

 

Have any Question?

1 thought on “The Law in China”

  1. Pingback: China's Social Credit Dàtóng Dreams - Here Comes China!

Leave a Comment

Your email address will not be published. Required fields are marked *

Share:

Share on facebook
Share on twitter
Share on pinterest
Share on linkedin
hcc headline2 mobile 1

GET ALL THE WEEK'S NEWS
WITH YOUR SUBSCRIPTION TO THE TOP CHINA NEWSLETTER

Amazon BUY THIS BOOK:

Most Popular

Categories