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Politics & Law

China says constitutional rule is an empty dream of “misguided intellectuals”


Chinese words reading "Government get out of the eviction business, commoners protect the constitution" are painted on a house marked for forced eviction in Beijing. Photo: AP

Chinese words reading “Government get out of the eviction business, commoners protect the constitution” are painted on a house marked for forced eviction in Beijing. Photo: AP

Chinese conservatives have come out to argue against the adoption of “constitutional rule”, a term increasingly used by liberals to demand the realisation of basic human rights guaranteed in the Chinese constitution.

The nationalistic Global Times in an editorial on Wednesday called such demands “empty political slogans” made by “a group of misled intellectuals”.

These intellectuals wanted to “change China’s course of development”, the paper argued.

“If the entire Western world together can’t muster the might [to change China’s course], then a small group of domestic dissenters will be even less able to do so.”

Even though the Chinese constitution in theory guarantees freedom of speech, the press and to demonstrate, and the right to elect and be elected, human rights organisations say such rights are consistently cracked down upon.

Many lament that courts cannot invoke the constitution to protect the civil and political rights of citizens. Nobel Peace Prize laureate Liu Xiaobo has attempted to cite rights guaranteed in the constitution in his trial for “inciting subversion of state power” that led to an 11-year prison sentence in 2009.

When the liberal Guangzhou-based newspaper Southern Weekly called for a realisation of a “constitutional dream” in its traditional New Years editorial in January, censors replaced the text with a more muted version, triggering a rare public strike by journalists.

Democracy activists are often seen holding placards with the Chinese characters for “constitutional rule” in photos shared on microblogs.

The editorial in the Global Times, which ranks among the most widely read dailies in China, comes a day after a Beijing law scholar Yang Xiaoqing wrote an article with similar reasoning for the Communist Party’s bi-weekly Red Flag Magazine.

Citing Marx and Engels, the Renmin University professor repudiated what she called the “old Western” understanding of constitutional rule as an oppressive tool of the – in Marxian terms – capitalist stage of development.

Those with capital use the constitution’s allure to trick those who have nothing into believing that they lived in a fair system, she argued in ideologically orthodox terms. Citing Deng Xiaoping and Jiang Zemin, she predicted chaos for China if the country were ever to come under constitutional rule.

In contrast to that chaos, Yang offers a vision of a “Chinese contribution to humanity in regards to constitutional rule” in which China’s People’s Congresses under the leadership of the Communist Party are truly representative of the nation’s people and are able to supervise the judiciary.

While a few people supported her comments, they have predominantely been mocked on microblogs, with thousands of people sharing her photo. Lei Yi, a Beijing-based historian, sarcastically wrote in a microblog post that he was reminded of Stalin and Pol Pot.

President Xi Jinping has repeatedly called for more respect of the constitution since he assumed the leadership of the Communist Party in autumn. “No organisation or individual should be put above the constitution and the law,” he reportedly said at a Politburo seminar in February.

Source: SCMP “Conservatives counter demands for constitutional rule in China”
 
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About chankaiyee2

Author of the book "Tiananmen's Tremendous Achievements" about how with the help of Tiananmen Protests, talented scholars with moral integrity seized power in the Party and state and brought prosperity to China. The second edition of the book will be published within a few days to mark the 25th anniversary of Tiananmen Protests All the parts in the first edition remain in the second edition with a few changes due to information available later and better understanding. There are also some changes for improvements of style. The new parts are Chapters 12-19 on events in China after the first edition was published: The fierce power struggle for succession between reformists and conservatives; Xi Jinping winning all elders’ support during his mysterious disappearance for 2 weeks in early September, 2012; and Xi Jinping Cyclone. Chan Kai Yee's new book: SPACE ERA STRATEGY: The Way China Beats The US An eye-opening book that tells the truth how the US is losing to China. The US is losing as it adopts the outdated strategy of Air-Sea Battle while China adopts the space era strategy to pursue integrated space and air capabilities: It is losing due to its diplomacy that has given rise to Russian-Chinese alliance. US outdated strategy has enabled China to catch up and surpass the US in key weapons: Hypersonic weapons (HGV) that Pentagon regards as the weapon that will dominate the world in the future. Aerospaceplane in China’s development of space-air bomber that can engage enemy anywhere in the world within an hour and destroy an entire aircraft carrier battle group within minutes. Anti-satellite (ASAT) weapons, anti-ASAT weapons, stealth aircrafts, drones, AEW&C, etc. The book gives detailed descriptions of China’s weapon development based on information mainly from Chinese sources that the author monitors closely. U.S. Must Not Be Beaten by China! China is not a democracy. Its political system cannot prevent the emergence of a despotic leader or stop such a leader when he begins to bring disasters to people. A few decades ago, Mao Zedong, the worst tyrant in world history did emerge and bring disasters to Chinese people. He wanted to fight a nuclear war to replace capitalism with communism but could not bring nuclear holocaust to world people as China was too weak and poor at that time. If a despot like Mao Zedong emerges when China has surpassed the US in military strength, world people will suffer the misery experienced by Chinese people in Mao era. China surpassing the US in GDP is not something to worry about as China has the heavy burden to satisfy its huge population, but China surpassing the US in military strength will be world people’s greatest concern if China remains an autocracy. US people are of much better quality than Chinese people. What they lack is a wise leader to adopt the correct strategy and diplomacy and the creative ways to use its resources in developing its military capabilities. I hope that with the emergence of a great leader, the US can put an end to its decline and remain number one in the world. China, US, space era strategy, air-sea battle, space-air bomber, arms race, weapon development, chan kai yee

Discussion

3 thoughts on “China says constitutional rule is an empty dream of “misguided intellectuals”

  1. Reblogged this on digger666.

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    Posted by digger666 | May 23, 2013, 11:18 pm

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  1. Pingback: » China Says Constitutional Rule is an Empty Dream of “Misguided Intellectuals” | China Daily Mail Let's Get Political in Billerica - May 24, 2013

  2. Pingback: China’s President ‘lacks wisdom and courage’ says state owned magazine | China Daily Mail - June 2, 2013

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