Teaching Comparative Government and Politics

Monday, October 05, 2009

Rule of law in China

Corruption is a major problem in China. Guanxi sometimes make it seem that it's possible to get away with anything if you know the right people. But rule of law seems to be a reality in China, as long as the Party and the system the Party defines is not challenged.

Dan Harris, writing at the China Law Blog, and Matt Schivenza, writing in his China Journal, point out an example of the rule of law in China.

Schivenza offers this translation of a Chinese news story: "At 2pm on August 12th, a foreign woman... at the Number 1 Seaside Bathing Beach sunbathed half-nude, behavior immediately triggering a  commotion at the beach. Some residents dubbed the woman’s behavior ‘out of line’, yet many beach-goers still approached the woman for a photograph."

The reporter interviewed a man in his 70s, who was quoted as saying, "'With so many people around, this kind of behavior is quite unbecoming!', said a septuagenerian man who couldn’t help but shake his head after seeing the woman. 'This may be normal overseas, but here it’s indecent.'"

Harris quoted another part of the news report to make his point that rule of law is an accepted and operative concept in China: "Shortly thereafter, this reporter went to the beach management office, where he was told by a person responsible that although the beach had encountered topless guests in the past, they had never found one daring to go topless in front of so many people. 'There’s nothing we can do about it!'. This reporter was told that in the past several days many residents and guests alike have complained about this matter, but because no clear law exists prohibiting this sort of behavior, beach employees simply could not intervene."

Harris adds, "This does not prove there is freedom of political expression and this does not prove bureaucrats do not sometimes act thuggishly, but this does prove that China does have laws that are followed." He concludes, "[I]ndividual freedoms in China are given a fairly decent swath, so long as they do not impinge upon the government/party."

Supporting that idea, one commentator opined on Harris' blog, "Don't believe for a minute the relevant authorities would have reacted this way if some high ranking cadre would have felt [offended] by the topless woman."


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