Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Constitution of China also gives citizens freedom of speech, freedom of press etc. It's not criminalized. It's just that if you say something damaging, they will find something else that you violated for which you have to go to jail.

To outside observers, specially, to those who pay you to say those things, it is obvious that you have been framed because of what they said and they tell their media to report accordingly.



Chinese constitution says a lot, but china does not practice constitutional law: judges are not allowed to base decisions on the constitution and definitely are not allowed to use the constitution as the basis for overriding official law.

In a similar vain, china lacks rule of law. Rather they practice rule by law, where laws are used to control the public (if they want to get you, they'll find a laws you've probably broken) vs. having everyone, including officials who haven't fallen out of favor, subject evenly to them. So even westerner developed democracies aren't perfect in their practice of rule of law, but in china it isn't even a goal (like they have rejected constitutional law).


I don't see how that makes China different from any other country.


It isn't binary of course. Rule of law is a goal for western countries, it isn't for China, where the CCP has publicly said (a) constitutional law is not appropriate for China and (b) a separate independent judiciary is not appropriate for China. In that case, the CCP simply does not subscribe to rule of law as a concept appropriate for use in the country.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: