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Provincional hanjians [Copy link] 中文

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Post time 2004-6-21 22:35:15 |Display all floors
It is well known on the west , that it takes no hero to say the president is an idiot and the goverment is a bunch of thieves, but one must have balls to say anything like this about his boss at work.

I have just read an extremely interesting article on CD " New NPC body to address law conflict". I recommend it to all of us.
This is what I've been talking for years and I posted some comments before on this forum.
Chinese civilization had her own path and never being in cultural exchange contact with the Roman Empire had not absorb the greek and roman sense of what the law is. The results are hanging a heavy load on the shoulders of China today.
All "western" law systems are based on this ancient theory and philosophy of law. It developed over centuries and branched into anglo/american or napoleonic/continental , but the foundaments are the same.
An average Chinese mentality is all in the zone of guanxi , with very low or none understanding of the law. In the history of China it kept society together and worked well in the first millenium and a few centuries later.
The times are changing and these questions become more and more urgent.
1.Are Chinese ready to admit obsoleteness and change hieroglifs to sound transcription?
2. Are Chinese ready to replace guanxi with law?

The second question does not refer to how many papers lay on the dusty shelves. I mean ,can Chinese change their minds?
I have read before interesting articles by some law professors in Beijing and Shanghai universities (shame I do not remember their names). These were very wise voices, proving that China is not a desert without good specialists in this field. But there is no gear to bring it from universities level to the common ground of life.

Somebody may ask what a hell does it have in common with the title? I'm in rush to answer. Do you remember the "car wars" between Shanghai and Tianjin when Tj7100 and VW Santana being banned in mutual retorsions? Have you an idea how many such inter town/inter village/inter province "wars "  are going on today? And all these illegal measures of unfair competition on the local market.
All this goes on in the day light and there is no real enforcement body to stop it.
How many times do we read and/or hear that the federal law forbids to charge parents of kids at primary school more than X RMB for tuition? What happens to school directors who break this law? Are they fired, jailed,fined? We know the answer.
The story of a guy who would go against the provincional authority and claim violations of the federal law is one misery. He will become  a PROVINCIONAL HANJIAN and in the real world of guanxi , he better have a very good and safe financial resorces and "counter -guanxi" in Beijing or other province if he wants to survive.
The most dangerous splittists , my dear Chinese coleagues do not live on Taiwan , but much closer than many of you can expect.

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Post time 2004-6-22 00:16:02 |Display all floors

dobridan, thanks for the serious post

hope to see more of these in the future!  i think this idea of guanxi outgunning the law at the provincial level is common to all societies, and maybe has been eased in the united states in only the last fifty years.  

for example, we still hear about black men who were murdered by white men for little good reason, then the crimes were covered up or forgiven by an all-white jury.  the book "to kill a mockingbird" is a good example of this type of provincional guanxi relationship, and is required reading in many u.s. middle schools.

it is interesting, though, to consider that china does not have as strong a belief in law (at least on the local level) than "western" countries.  i sense that, and we can even see evidence of what you said in how the forum rules are applied here!

ts

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