ID's Fall 2009 Extra

ID's Fall 2009 Extra - The Chinese Legal System (from...

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6. The Chinese Legal System (from China, Thirteenth Edition ) a. Imperial China i. Confucian system provided basis for traditional social and political order 1. Maintaining correct personal relationships among people and between people and rulers b. Communist China i. Until 1979, Chinese preferred to call in CCP officials or mediators to settle disputes ii. Marxism-Leninism 1. Ethical standards that were embodied in Chinese Communist Party’s policies a. Frequently undercut by preferential treatment for officials c. 1979 i. Chinese law and policies look increasingly like those of the West ii. Evolved to accommodate market economy and privatization iii. 2004, 4.4 million civil cases filed, double 10 years earlier iv. Chinese now more aware of legal rights and use law to protect their rights and to hold others accountable for their actions v. 300 Western trained lawyers took task of writing civil code, etc. d. Criminal Law i. People still view those brought to court as guilty 1. Procurate exams evidence and establishes whether suspect is guilty 2. 99 percent of all accused are found guilty ii. Cases dismissed before going to trial if believe innocent iii. Not enough lawyers 1. Not allowed to question improper techniques (wire tapping) or technicalities, call witnesses or introduce new evidence 2. 1996 – may now call own witnesses and introduce new evidence iv. Lawyers employed by state – first priority is to protect state interests 8. The Press and Mass Media (from China, Thirteenth Edition ) a. In 1989, stream of publications overwhelmed CCP Propaganda Department b. 250 million internet users, 550 million cell phones c. BBC and VOA contribute to pluralistic press in China i. International press freely filming events and filing reports on demonstrations ii. Chinese press had complete press freedom until Martial Law 1. Limited press and articles had to be written about topics assigned by editors who were under CCP control d. Deng Xiaoping in 1992 – diversity of television and radio programs soared i. Radio programs that take calls from listeners ii. Critiques of failed economic policy iii. Serious investigations on corruption and crime e. Increasing number of cable and internet users i. CCTV-9 more popular in Asia than CNN f. Ten-cent i. Dominates Chinese internet more than Google
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ii. Instant messaging and games g. 70 percent of users under age of 30 while in US, 70 percent of users ove 30 h. Government cut subsidies to media in 1990, meaning newspapers must make money or be shut down i. Lead to more newsworthy stories being printed in order to sell advertising and subscriptions i. CCP Propaganda department points system for media outlets i. 12 points – if use up 12 points will be closed j. Movies are controlled much more tightly i. Large viewership, less productions a year ii. All shot in small number of studios making control easier 9. What is “the China Model”? (from the Callick article in China, Thirteenth Edition ) a. Two elements i. Copy successful elements of liberal economic policy by opening up much
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ID's Fall 2009 Extra - The Chinese Legal System (from...

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