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So, you would be surprised, Chinese law itself is actually extremely comprehensive and large. I would argue that Chinese law is nearly identical in scope to mos
by threwawasy1228 7y ago
So, you would be surprised, Chinese law itself is actually extremely comprehensive and large. I would argue that Chinese law is nearly identical in scope to most Western law. There are laws on the books enshrining freedoms, and many which allow the people to hold the state accountable. All this with the humongous caveat that courts and judges will often not enforce laws as they are written, so just because China might have stringent environmental protections on its books, getting a judge who will actually allow such cases is difficult.
The law is structured in such a way that the judges and courts have a great deal of freedom and discretion about which laws to enforce when, and can decide not to enforce laws at specific times. This is seen as a strength of the system, in that it prevents a lot of obtuse bickering over minor details of legal interpretation. The judge can do maneuvers like saying "The spirit and intent of the law was this, doesn't matter what it actually says" and this is legal. So yes the Chinese state probably does have protections for this sort of thing, but they probably never enforce any of them because of rampant abuse.
- ourlordcaffeine 7y ago>and many which allow the people to hold the state accountable The thing is, if you try to use your right to petition Beijing, for example, you will be harassed and may be arrested. I followed the story on weibo of a parent who petitioned Beijing for better discipline in schools after bullies took out her son's eye. She was followed by agents, prevented from taking her son to hospital appointments in the city and forced to sign a "confession" that she was a dissident. So yes, you have the right, but if you use it, you will be targeted. So stop spreading this "China is not so bad, it has the same freedoms as in the west!" bs.
- yorwba 7y agoRight after the part you quoted: > All this with the humongous caveat that courts and judges will often not enforce laws as they are written Please don't use selective quotations to misrepresent the viewpoints of other commenters.
- ourlordcaffeine 7y agoHarassment and arbitrary arrest are not quite the same as "judges will often not enforce laws as they are written" Seems like you've deliberately misinterpreted my comment
- yorwba 7y agoNo, I'm just disagreeing with the parts of it directed at the commenter you were responding to. (Edit: basically just So stop spreading this "China is not so bad, it has the same freedoms as in the west!" bs. )